IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6389 of 2009 ASHOK KUMAR & ORS Versus THE STATE OF BIHAR & ORS ----------- 2. 20.5.2009 Heard learned counsel for the petitioners and the State. The contention on behalf of the petitioners is that in pursuance of their application for appointment on the post of Panchayat Shikshak, after selection, select list was prepared and selection letter for verification of documents issued to them. On a complaint made by another aggrieved candidate, the Appellate tribunal has set aside the entire selection and directed fresh counseling. A Specific statement has been made in Paragraph 23 of the writ application that the Appellate authority before passing the impugned order dated 16.3.2009 did not issue notice to the petitioners, and did not give them an opportunity to present their case. There is no discussion in the impugned order dated 16.3.2009 of any notice issued to the persons likely to be affected or consideration of their defence. This lends credence to the submission of the petitioners that they have been condemned unheard. Mere inclusion in a select list creates no right. The selecting authorities shall be well within their rights to cancel such a select list on cogent grounds of illegality/irregularity. The question of invocation of the principles of natural justice does not arise. But when the select list is questioned by an aggrieved candidate before a quasi- judicial body and it adjudicates the matter the circumstances become - 2 - completely different. In such a situation, the petitioners undoubtedly have a right to be heard. The appellate order dated 16.3.2009 is not sustainable in its present form. For that reason, this Court considers it proper to remand the matter to the Appellate authority to pass a fresh reasoned and speaking order after hearing all concerned. This shall adequately protect the interest of the private complainant. Let such fresh consideration be done and appropriate orders passed within a maximum time prescribed under Rule 2 of the notification creating the authority. The impugned order dated 16.3.2009 is set aside for that limited purpose. The writ application stands disposed off. P. Kumar (Navin Sinha, J.)