IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7271 of 2009 ***** Md. Alamgir, son of Md. Nasiruddin Biswas, resident of village- Basantpur, P.S.-Amdabad, Distt- Katihar at present Mukhia, South Karimullahpur Panchayat Raj, P.S.-Ambdabad, Distt-Katihar. …. …. Petitioner Versus 1. The State of Bihar. 2. The Block Development Officer, Amdabad, Katihar. 3. The Block Education Extension Officer, Amdabad, Katihar. 4. The District Superintendent of Education, Katihar. 5. The Panchayat Secretary, Raj Dakshani Karmullahpur Amdabad, Katihar. 6. The District Teachers Appointment Appellate Authority, Katihar. 7. Bankesh Kumar Singh, son of Dinesh Chandra Singh, resident of village- Goagachhi, Via- Manihari, District-Katihar. …. …. Respondents ----------- 2. 1.7.2009. Shorn of other details, limited question has been raised by the learned counsel for the petitioner, which has challenged the order passed by the Tribunal constituted to look into the appointment of teachers for the Panchayat. The order concerned is dated 2.5.2009 and is annexed as Annexure-2. Submission of learned counsel for the petitioner is that even for the sake of argument it is accepted that order impugned is otherwise correct in terms of its finding which has come to be recorded with regard to the appointment of teachers and the irregularities committed therein. The Tribunal has no authority to give a direction to appoint any candidate on the post and report the outcome of the same because that may be beyond the powers which even a judicial authority cannot exercise. The maximum which the tribunal ought to have done is given direction for reconsideration or fresh consideration in the light of the finding which has been worked out. Giving a direction for appointment, as has been done, transgresses the power conferred upon a court or a tribunal, which is - 2 - quasi-judicial in nature. Learned counsel for the State submits that that may be a consequential order in the light of findings which has been recorded by the tribunal. But when questioned closely, he is also at a bay whether such a direction can ever be issued by the Court or the tribunal directing appointment of ‘X’ or ‘Y’ in the given circumstances. The operative part of the order giving a direction for appointment of Mr. Bankesh Kumar Singh is hereby quashed. Rest of the order, however, is not interfered with. This Court only observes that the competent authority empowered to make such appointment shall consider the matter afresh. The writ application is allowed to the extent indicated above. Pawan/- (Ajay Kumar Tripathi, J.)