IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1037 of 2010 1. SHABNAM ARA W/o Md. Maniruddin, D/o Shaukat Alam, resident of village – Rautara, PS Rautara, District Katihar 2. Md. Murshid Alam S/o Abul Salam, resident of village –Uchitpur, PS Rani Patra (Mufassil), District Purnea ......Petitioners/Appellants Versus 1. THE STATE OF BIHAR 2. The Member, District Teachers Appointment Appellate Tribunal, Purnea 3. The District Superintendent of Education, Purnea 4. The Block Development Officer, Purnea East, District Purnea 5. The Block Education Extension Officer, Purnea East, Purnea 6. The Panchayat Secretary, Biyarpur, Purnea East, District Purnea 7. Mukhiya, Gram Panchayat Biyarpur, Purnea East, District Purnea 8. Sahina Bano W/o Md. Naimuddin Ansari, resident of village – Matiya, PO Rani Patna, PS Rani Patna, District Purnea ..... Respondents/Respondents with LPA No.1046 of 2010 SHABNAM ARA & ANR Versus SAHINA BANO & ORS ----------- For the Appellants : Mr. Dhirendra Kumar Jha no.II Advocate For respondent no.8 in LPA no.1037 of 2010 : Mr. Gyanand Roy, Advocate ************* 02- 22/6/2011 Heard learned counsel for the parties. 2. The two appeals under clause 10 of the Letters Patent of the High Court of Judicature of Patna have been preferred against a common order dated 11.5.2010, passed by a learned single Judge of this Court in CWJC No. 11019 of 2009 (Shabnam Ara & Another vs. State of Bihar & Ors.), and CWJC No. 6234 of 2010 (Sahina Bano v. State of Bihar & Ors.). The learned single Judge has dismissed CWJC 2 No.11019 of 2009, and by the same order allowed CWJC No.6234 of 2010, leading to the two appeals at the instance of the petitioners of CWJC No.11019 of 2009. The petitioner of CWJC No.6234 of 2010 has been impleaded as party respondent in both the appeals. 3. We have perused the materials on record and considered the submissions of the learned counsel for the parties. It has a chequered history and has travelled to this Court earlier also. It relates to appointment of seven posts of teachers in Gram Panchayat Raj Biyarpur, district Purnea. Out of the seven posts, two were for Urdu, and the remaining posts were of general nature. The two appellants herein, as well as Sahina Bano (respondent), apart from others were candidates and four appointments were made as Urdu teachers. This came to be challenged in litigations at different stages. We do not feel the necessity to recapitulate the history of litigations in this connection. Suffice it to state that the learned District Education Employment Appellate Tribunal, Purnea, disposed of the matter by its common order dated 14.7.2009, passed in Appeal Case no.192/09, whereby it upheld the Government decision not to terminate the appointment of Urdu teachers even though in excess of the sanctioned posts, and that extra posts would be created for the candidates of the general category who had suffered by appointment of Urdu teachers in excess of the sanctioned posts. 4. The appellants herein challenged the order of the Tribunal by preferring CWJC No.11019 of 2009, while Sahina Bano preferred CWJC No.6234 of 2009 raising collteral issues. The two writ petitions have been disposed of by the learned single Judge by 3 order dated 11.5.2010, whereby she has disagreed with the order of the State Government and has set aside the same, as well as the order of the learned Tribunal. The learned Single Judge has held that the posts meant for the general category cannot be transferred to the benefit of the Urdu teachers. Hence these two appeals at the instance of the petitioners of CWJC No. 11019 of 2009. 5. It appears to us from a perusal of the materials placed before us that the State Government had erred in passing the order impugned before the learned Tribunal. We are of the view that the State Government passed an unreasonable and irrational order by allowing appointment of Urdu teachers in excess of the sanctioned posts. We, therefore, disagree with the order of the learned Tribunal, and entirely agree with the order of the learned single Judge, whereby the appointment in excess of the prescribed number of sanctioned posts of Urdu teacher has been set aside. 5. We do not find any merit in these two appeals and are accordingly dismissed. ( S K Katriar ) ( Amaresh Kumar Lal ) mrl 4