PUJA Vs. THE STATE OF BIHAR AND ORS.

JUDGEMENT

(1.) The present appeal under Clause 10 of the Letters Patent has been filed against judgment and order dated 16.5.2014 passed in C.W.J.C. No. 1324/2014 by learned Single Judge of this Court. The facts are not in dispute. The petitioner, pursuant to advertisement issued for appointment of Panchayat Teacher, apart from others, applied. She was duly selected and appointed. It appears that one Nita Kumari who had not been selected filed an application before the District Teacher Employment Appellate Tribunal, Patna, claiming that one Nitu Sinha had been wrongly appointed and if her appointment was set aside then Nita Kumari would be deemed to be selected. While the matter was pending before the Tribunal, the Tribunal called for the records and started a roving inquiry, but then, without notice to any party or without there being any other complaint. The Tribunal held that the entire selection process was vitiated and set aside the entire selection process of all the Panchayat Teachers in relation to the said Panchayat. The appellant and others came to this Court challenging the decision of the Tribunal, inter alia, on the ground that they not being party to any proceeding before the Tribunal, their appointment could not have been set aside by the Tribunal. This Court, in the said writ petition, set aside the order of the Tribunal and remanded the matter to the Tribunal for consideration in accordance with law.

(2.) The matter was then taken up by the Tribunal and the Tribunal once again set aside the entire selection process and directed for fresh selection process to be undertaken. The writ petitioner being aggrieved filed the aforesaid writ petition being C.W.J.C. No. 1324/2014, which has been noted above was dismissed vide judgment dated 16.5.2014. Hence, the present Intra -Court Appeal.

(3.) We have heard learned counsel for the appellant and learned counsel for the State and with their consent this appeal is being disposed of at this stage itself.