IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7836 of 2010 1. RANJEET KUMAR S/O SRI JAGDISH MAHTO R/O MOHALLA- CHANDANI CHOWK CINEMA ROAD, P.S.- SHEIKHPURA, DISTT.- SHEIKHPURA---------------PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT, GOVT. OF BIHAR, PATNA 2. THE DIRECTOR, PRIMARY EDUCATION, GOVT. OF BIHAR, PATNA 3. THE MEMBER DISTRICT TEACHER NIYAYA APPELLATE AUTHORITY, SHEIKHPURA 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, SHEIKHPURA 5. THE BLOCK EDUCATION EXTENSION OFFICER, SHEIKHPURA 6. THE MUKHIA, GRAM PANCHAYAT RAJ-HATHIYAWAN, BLOCK- SHEIKHPURA, DISTT.- SHEIKHPURA 7. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ- HATHIYAWAN, BLOCK- SHEIKHPURA, DISTT.- SHEIKHPURA 8. SRI HEMANT KUMAR S/O SRI AWADHESH KUMAR SINGH AT+P.O.- BADI, P.S.- KATARISARAI, DISTT.- NALANDA---RESPONDENTS ----------- 2 24.1.2011 Heard learned counsel for the parties. With a clear and categorical finding having been recorded by the District Teacher Employment Appellate Authority that there is no evidence of the petitioner’s participating in the counseling and that is the reason next man in the merit list has been given appointment, there is no infirmity in the said order. Mere oral submission and assertion by the petitioner is not good enough to upturn the decision of the appellate authority which is based on evidence. This writ application has no merit and it is dismissed. RPS (Ajay Kumar Tripathi,J.)