IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15001 of 2010 1. BIBHA KUMARI W/O SRI DILIP NARAYAN SINGH, D/O SRI NAGESHWAR SINGH R/O VILL MAHILA, P.S.GHOSWARA, DISTT-NALANDA Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE NALANDA 3. THE DISTRICT SUPERINTENDENT OF EDUCATION - CUM-DISTRICT PROGRAMME CO-ORDINATE NALANDA 4. THE BLOCK DEVELOPMENT OFFICER GIRIAK, NALANDA 5. THE BLOCK EDUCATION EXTENSION OFFICER GIRIAK,NALANDA 6. THE MUKHIYA GRAM PANCHAYAT RAJ GAJIPUR, NALANDA ----------- 2 26/04/2011 This writ application can be allowed on a very limited ground. Learned counsel for the petitioner is correct in submitting that the order of rejection of the claim of the petitioner passed by the District Teachers Appointment Appellate Authority in case No. 18/10 is without any application of mind to the issue. The Tribunal has categorically recorded that the appointment of the petitioner was declared to be bad by the District Magistrate, Block Education Extension Officer and the Block Development Officer, Giriak, Nalanda. A quasi judicial authority created has to look into the matter and adjudicate with due independence of - 2 - mind. They may draw inference or support from the evidence or the decisions which may be produced before them on behalf of the respondents authorities but dismissal of a claim of the petitioner on such a ground cannot be allowed as this will amount to abdicating the functioning by a body in favour of the executives. This writ application is allowed. Annexure-10 dated 3.6.2010 passed in Case No. 18/10 is hereby quashed. Matter is remanded back to the District Teachers Appointment Appellate Authority, Nalanda at Biharsharif who will hear the matter afresh by giving an opportunity to all the parties concerned and decide the same on its own merit. AMIN/ (Ajay Kumar Tripathi, J.)