IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10863 of 2009 CHHOTE LAL CHORRD, son of late Bakal Chorrd, resident of village – Jamra, P.S. Amdabad, P.O. – Bariya, District – Katihar, at present Mukhiya, Durgapur Panchayat Raj, Prakhand - Amdabad, District – Katihar _____Petitioner Versus 1. THE STATE OF BIHAR 2. The District Magistrate, Katihar. 3. The Block Education Extension Officer, Amdabad, Katihar. 4. The Panchayat Secretary Raj Durgapur, Amdabad, Katihar. 5. The District Superintendent of Education, Katihar. 6. The District Teacher Appointment, Appellate Authority, Katihar. 7. Anil Kumar Mandal, son of Dinesh Lal Mandal, resident of village – Sopinpur, P.S. Amdabad, District – Katihar. _____Respondents ----------- 02. 27.08.2009 Petitioner who is Mukhiya of Durgapur Panchayat is aggrieved by the order dated 21.7.2009 passed by the District Appellate Authority. The District Appellate Authority has annulled the appointment of one Pritam Kumar Sen and has given direction to the Gram Panchayat headed by the Mukhiya to make appointment on the post of the appellant namely, Amit Kumar Mandal. Contention of the counsel for the petitioner based on the earlier direction of this Court dated 1.7.2009 is that the Tribunal has no authority to give such a direction because the power of appointment lies and vests with the appointing authority. The non-selection or ouster of the appellant Amit Kumar Mandal was the issue before the Appellate Tribunal. The Tribunal has given reasoning and finding that appointment of Pritam Kumar Sen - 2 - was misplaced or illegal. Direction of the Tribunal has to be construed in the light of the said finding. The process and procedure will have to be followed by the competent authority to implement the direction. The finding of the Tribunal cannot be allowed to be frustrated because of order of appointment as recorded. The writ application is dismissed with direction to the petitioner that he will take steps for appointment in accordance with the procedure keeping the claim of Amit Kumar Mandal in mind. rkp (Ajay Kumar Tripathi, J)