PHOOL KUMARI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard Sri Shashi Bhushan Kumar Manglam, learned counsel for the petitioner , learned AC to SC No. 26 as well as Sri Ram Prasad Singh, learned counsel , who has appeared on behalf of the respondent no. 8.

(2.) The petitioner, has invoked the writ jurisdiction of this court under Article 226 of the Constitution of India , with a prayer to quash an order contained in memo no. 579 dated 21.5.2009 passed by the District Teacher Employment Appellate Authority, Sheikhpura (hereinafter referred to as the "appellate authority" ) in Appeal No. 207 of 2009. By the said order on receipt of complaint from the respondent no. 8 the appellate authority disposed of the appeal with a direction to the selection authority to consider the case of the respondent no. 8 and on the basis of her marks she may be accommodated in the merit list at appropriate place.

(3.) It is the case of the petitioner that she, pursuant to the advertisement which was published in the year 2008, had applied for being appointed as Pancyhayat Teacher. Thereafter a merit list was prepared vide Annexure -2 to the writ petition. Subsequently in her favour an appointment letter was issued vide memo no. 109 dated 29.12.2010 (Annexure - 3 to the writ petition) and immediately thereafter on the next date she gave joining vide Annexure ­,,4 to the writ petition on 30.12.2010. A plea has been taken that the appellate authority without any notice or without assigning any reason has disposed of the appeal and as such the order is required to be set aside only on the ground that it is violative of the principle of natural justice.