IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10292 of 2010 1. PRAMOD KUMAR S/O SRI SITA RAM PRASAD R/O VILL SHERPUR (RAMPUR), P.O.SHERPUR(RAMPUR), P.S.MANER, DISTT-PATNA Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY-CUM-COMMISSIONER, HUMAN RESOURCES DEVELOPMENT DEPARTMENT THE STATE OF BIHAR, NEW SECRETARIAT, PATNA 3. THE DISTRICT MAGISTRATE BHOJPUR (ARA) 4. THE DISTRICT EDUCATION OFFICER BHOJPUR (ARA) 5. THE BLOCK DEVELOPMENT OFFICER ARA, DISTT- BHOJPUR 6. THE BLOCK EDUCATION OFFICER ARA, DISTT-BHOJPUR 7. THE MUKHIYA , GRAM PANCHAYAT DAULATPUR, P.S.ARA, DISTT-BHOJPUR 8. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT DAULATPUR, BLOCK ARA, DISTT-BHOJPUR ----------- 02. 4.3.2011 Since there is no clear and categorical finding or assertion made by the petitioner under the circumstance in which he was not allowed to participate in the counselling, the finding given by the appellate authority in Appeal Case No.747 is hereby quashed. The matter is remitted back with a direction that the appellate authority will examine the records, hear the parties and on verification thereof pass a fresh order. The writ application is allowed. rkp (Ajay Kumar Tripathi,J.)