IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13156 of 2009 1. SURYA NARAYAN MANDAL S/O SHALIGRAM MANDAL VILL- KORICHAK, P.O. KAKBARA, P.S. BANKA, DISTT. BANKA Versus 1. THE STATE OF BIHAR 2. DISTRICT MAGISTRATE, BANKA 3. DISTRICT SUPERINTENDENT OF EDUCATION, BANKA 4. BLOCK DEVELOPMENT OFFICER BANKA BLOCK, DISTT. BANKA 5. BLOCK EDUCATION EXTENSION OFFICER BANKA BLOCK, DISTT. BANKA 6. THE MUKHIYA SAMUKHIA GRAM PANCHAYAT, BLOCK BANKA, DISTT. BANKA 7. PANCHAYAT SECRETARY SAMUKHIA GRAM PANCHAYAT, BLOCK BANKA, DISTT. BANKA 8. THE DISTRICT TEACHER SELECTION APPELLATE AUTHORITY, BANKA ----------- 02/ 04.01.2010 Heard counsel for the petitioner and counsel appearing for the State. Petitioner has prayed for quashing of the order passed by District Teachers Appointment Appellate Tribunal, Banka and also for a direction to the respondents Mukhiya and Panchayat Secretary of Samukhia Gram Panchayat, Block Banka for issuing appointment letter in favour of the petitioner. By the order dated 15.6.2009 the District Teachers Appointment Appellate Tribunal, Banka has rejected the claim of the petitioner for a direction to the Mukhiya and Panchayat Secretary for petitioner’s selection on the post of Panchayat teacher and for issuance of appointment letter in his favour. On perusal of the impugned order passed by the Tribunal, it transpired that the appeal filed by the petitioner - 2 - was rejected on the ground that on the date of counselling petitioner was not present before the Selection Committee as he on the same day had participated in counselling at Gram Panchayat Jamua. Counsel for the petitioner submits that the ground taken in the appellate tribunal’s order for rejecting the claim of the petitioner is erroneous. The petitioner was very much present on the date of selection, as in Jamua Gram Panchayat the counselling was done two months prior to the date on which counselling was done in Gram Panchayat Samukhia. It is also submitted by the petitioner’s counsel that for producing relevant documents the petitioner had prayed for a short adjournment but the appellate tribunal did not provide him any opportunity, as such he could not produce the relevant documents, in support of his claim. Considering these facts, the appellate order dated 15.6.2009 passed by the District Teachers Appointment Appellate Tribunal is quashed. This matter is being remanded to the appellate tribunal for reconsideration of petitioner’s claim. Petitioner should be given at least two weeks’ time from the date of production/ communication of - 3 - this order for producing all relevant documents in support of his claim that on the date of counselling he was very much present before the Selection Committee constituted for appointment of panchayat teachers in Samukhia Gram Panchayat. In case the petitioner produces such documents the tribunal will decide the case of the petitioner in accordance with law considering the documents produced by the petitioner. The tribunal will issue notices to all relevant and necessary persons before passing any order. This application is allowed. DKS/ (Mridula Mishra, J.)