IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15738 of 2007 Kumari Poonam, D/o Lkshmi, Narayan Gupta, Resident of Mohalla Bibiganj More, P.O.- G.P.O., P.S. Danapur, Dist. Patna. --------- Petitioner Versus 1. The State of Bihar. 2. The Education Commissioner-cum-Secretary, Department of Human Resources, Bihar, Patna. 3. The Regional Deputy Director of Education, Patna. 4. The District Education Officer, Patna. 5. The Headmaster, High School, Panapur. 6. Zila Parishad, Patna through its Chief Executive Officer, Patna. --------- Respondents ----- 2 05.12.2011 Having heard learned counsel for the parties and taking into account that the only dispute in this writ application relates to the acquisition of prescribed qualification by the petitioner on the date of her counseling for being appointed as a Teacher in Zila Parishad School and that the respondents have also not filed any counter affidavit denying the assertion of the petitioner that the last date of filing of application was 5.9.2006 whereas the petitioner had acquired its qualification on 3.9.2006, this Court would find it expedient in the ends of justice to remit the matter to the District Teachers Appellate Authority of Patna district which will now call for the records relating to appointment of the petitioner and having made its own enquiry would pass order as with regard to the continuation of the petitioner in service without being influenced by the impugned order contained in Annexure-1 dated 4.10.2007. To expedite this process, this Court would give liberty to the petitioner to file an application in the form of complaint before the District Teachers Appellate Authority, Patna within a 2 period of one month from today and if such an application is filed by the petitioner, the Authority shall decide the dispute on merit without non-suiting the petitioner on the ground of limitation/delay and pass its order within a period of three months from the date of filing of the representation by the petitioner along with a copy of this order. It will be open for the petitioner to file any other relevant evidence on which she would like to rely for justifying her selection and appointment on the post of Teacher. With the aforementioned observations and liberty, this application is disposed of. Rsh (Mihir Kumar Jha, J.)