IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.79 of 2009 SHEEMA KUMARI, DAUGHTER OF SHREE AMAR NATH JHA, RESIDENT OF VILLAGE – BARUWARI, POST – BARUWARI, P.S. SUPAUL, DISTRICT – SUPAUL. …………. PETITIONER. Versus 1. THE STATE OF BIHAR, THROUGH THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 2. THE COMMISSIONER, KOSHI DIVISION, SAHARSA. 3. THE DISTRICT MAGISTRATE, SUPAUL. 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, SUPAUL. 5. THE BLOCK DEVELOPMENT OFFICER, SUPAUL. 6. THE CHAIRMAN, SHIKSHA SAMITI, GRAM PANCHAYAT BARUWARI, P.S. SUPAUL, DISTRICT – SUPAUL. 7. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT BARUWARI, P.S. SUPAUL, DISTRICT – SUPAUL. 8. BABITA KUMARI, WIFE OF SHREE SANJEEV KUMAR SINGH, RESIDENT OF MOHALLA – CHANKYAPURI, WARD NO. 19, P.S. SAHARSA TOWN, DISTRICT – SAHARSA. ……………. RESPONDENTS. FOR THE PETITIONER :- MR. SUBODH KUMAR JHA, ADVOCATE MR. BIDHAN CHANDRA JHA, ADVOCATE MR. JITENDRA KUMAR PANDEY, ADVOCATE FOR THE STATE : - G.P. 5. ----------- 02/ 21.06.2011 Heard counsel for the petitioner and counsel appearing for the State. Initially petitioner had challenged the termination order contained in letter No. 05 dated 3.4.2008 issued under the signature of Panchayat Secretary, Gram Panchayat Baruwari in the light of the order passed by the Block Development Officer, Supaul, Respondent No. 5. However, during the pendency of the writ application District Teachers Appointment Appellate Tribunal passed an order in 2 Appeal No. 790 of 2009 preferred by the petitioner challenging the same order for quashing of which the present writ application has been filed. The Appellate Tribunal, Supaul by order dated 4.5.2010 has affirmed the order passed by the Block Development Officer and the Panchayat Secretary holding the appointment order issued by the appointing authority in favour of the petitioner as illegal. Prior to filing of the appeal and the writ application challenging the order the petitioner had also moved before the District Magistrate, Supaul. The District Magistrate, Supaul did not interfere with the termination order of the petitioner. On the other hand, the appointment of Babita Kumari made in the light of the order passed by the Block Development Officer affirmed. The present position is that neither the petitioner nor Babita Kumari are appointed against the vacancy in the Primary School Hindi Gangapatti, Baruwari on the vacant post. As such, Chairman, Shiksha Samiti, Gram Panchayat Baruwari and the Panchayat Secretary of Gram Panchayat Baruwari are directed to re-advertise the vacancy, invite applications and 3 complete the process of appointment within three months from the date of communication/receipt of the order. The eligible person, thereafter, be appointed on the post. This application is disposed of. DKS/ (Mridula Mishra, J.)