IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10534 of 2009 Shree Kant Rajbanshi, Son of Late Sagulal Singh, resident of village- Kali Bhitha, P.S.-Kishanganj, District-Kishanganj. …………..Petitioner. Versus 1. The State of Bihar. 2. The Principal Secretary, Human Resources Development Department, Government of Bihar, Patna. 3. The Director, Primary Education, Bihar, Patna. 4. The District Superintendent of Education, Kishanganj. 5. The Member, District (Teachers Appointment) Appellate Tribunal, Kishanganj. 6. The Block Education and Extension Officer, Kishanganj. 7. The Block Development Officer, Kishanganj. 8. The Mukhiya, Motihara Taluka Panchayat, Kishanganj. 9. The Panchayat Secretary, Motihara Taluka Panchayat, Kishanganj. ----------- 2/ 05.10.2009 Heard counsel for the petitioner and the State. Petitioner has prayed for quashing the order contained in Memo No. 435 dated 30.06.2009 passed by District Teachers Appointment Appellate Tribunal, Kishanganj whereby his appointment has been cancelled. He has further prayed for quashing the order contained in Memo No. 540 dated 16.07.2009 issued by the Block Development Officer, Kishanganj in compliance of the direction issued by the Appellate Authority. Petitioner’s grievance is that the ground on which appointment has been cancelled is a non-existing ground and the finding has been recorded without considering this fact that change in the date of birth was 2 made prior to petitioner’s appearance in matriculation examination. No final finding has been recorded so far the allegation regarding change in the date of birth and the change of the name of school has been made in the appellate order. It has also been stated that the proper opportunity was not given to the petitioner to defend his case. Considering these facts, the impugned orders contained in Memo No. 435 dated 30.06.2009 issued by the District Teachers Appointment Appellate Tribunal, Kishanganj and the order contained in Memo No. 540 dated 16.07.2009 issued by the Block Development Officer, Kishanganj are quashed. The matter is remitted back to the Appellate Authority for re-consideration of petitioner’s case after giving him proper opportunity to defend the case. The matter should be decided within statutory period after giving proper notice to the petitioner. Sanjeet/ (Mridula Mishra,J.)