AVINASH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and the State.

(2.) It is submitted that the Appellate Authority at Katihar by its order dated 25.3.2009/28.3.2009 recorded a reasoned finding of large scale illegalities in the counselling for appointment of teachers in the year 2008 in Kadwa Block, District-Katihar. He, therefore, by the same order, directed for fresh counselling. Subsequently, on 9.4.2009 he reviewed and recalled his earlier order dated 25.3.2009. The submission, therefore, is that the Appellate Authority, a quasi judicial body, a creation of a statute, has not been vested with the powers of review and, therefore, the order dated 9.4.2009 is without jurisdiction.

(3.) Learned counsel for the State is unable to controvert the submission of the absence of power of review unless conferred by the statute.