ASHA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This intra-court appeal arises from the judgment and order dated 23.11.2017 of the learned Single Judge passed in CWJC No.6681 of 2016, whereby the writ petition has been allowed, the order passed by the District Teachers Employment, Appellate Authority, Aurangabad (hereinafter referred to as the 'Appellate Authority') in Appeal nos.118 of 2011 and 367 of 2011, whereby appeal of the appellants was allowed, was quashed and the writ petitioners who are respondents herein were held validly appointed and deemed to continue on their respective posts.

(2.) Facts as noted from pleadings on record would confirm that in the second stage of appointment of Panchayat Teachers a selection process was initiated in the year 2008 and a public notice to such effect was issued, enclosed at Annexure 3 to the writ petition whereby the schedule for the selection including communication of date for counselling to the candidates, preparation of merit-list etc. was disclosed. That this notice was acted upon, is confirmed from Annexure-2 series which are intimation to the writ petitioners for their appearance on the date of counselling i.e. 28.02.2009.

(3.) For some reason the counselling either did not take place or got postponed, which is evident from a Press Release, a copy of which is enclosed at Annexure D/9 to the counter affidavit filed on behalf of writ petitioners in appeal and is dated 05.08.2010. The notice published is in modification of the newspaper publication dated 08.07.2010 intimating the candidates about the date of counselling on 13th and 14th of August, 2010. The counselling so held led to the appointment of the writ petitioners which aggrieved the appellants herein to move the 'Appellate Authority' in Appeal No.118 of 2010 and which was allowed.