Julfekar Haidar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19472 of 2010 =========================================================== Julfekar Haidar, S/O Md. Yusuf, R/O Village- Harpur, P.S.- Chharpokhari, Distt.- Bhojpur at Arah .... .... Petitioner/s

Versus

1. The State of Bihar through the Principle Secretary-Cum-Commissioner, Human Resources Development Department, Govt. of Bihar, Patna

2. The Director, Primary Education, Human Resources Development Department, Govt. of Bihar, Patna

3. The District Superintendent of Education, Distt.- Bhojpur at Ara

4. The Block Development Officer Block- Charpokhari, Distt.- Bhojpur at Ara

5. The Block Education Extension Officer Block- Charpokhari, Distt.- Bhojpur At Ara

6. The Member, District Teacher Employment Appellate Authority, Bhojpur at Ara

7. The Panchayat Secretary, Gram Panchayat Raj Malaur, Block- Charpokhari, Distt.- Bhojpur at Ara

8. The Mukhiya, Gram Panchayat Raj Malaur, Block- Charpokhari, Distt.- Bhojpur at Ara

9. Iftekar Ansari, S/O Late Md. Ijrail Ansari, R/O Village- Mansagar, P.S.- Charplkhari, Distt.- Bhojpur at Ara .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr.

For the Respondent/s : Mr. (GA9) For respondent no.9. : Mr. Sanjay Kumar, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 23-08-2018 It appears that from order dated 27.01.2015 that this Court has passed order for listing this case side by side C.W.J.C. No. 19339 of 2010, which relates to the same selection process on the post of Panchayat Teacher.

2. C.W.J.C. No. 19339 of 2010 was disposed of vide order dated 31.08.2017 and the Court held out that before passing the impugned order, opportunity of hearing was not granted to the

Patna High Court CWJC No.19472 of 2010 dt.23-08-2018 2/2 petitioner and, therefore, the Court set aside the order 21.09.2010 of the District Teachers Employment Appellate Authority, Bhojpur at Ara holding that it is violation of principle of natural justice and the Court accordingly directed the petitioner to appear before the said Appellate Authority.

3. Accordingly, the order of the District Teachers Employment Appellate Authority, Bhojpur at Ara dated 28.10.2010 is quashed and the matter is remitted back to the Appellate Authority, Bhojpur at Ara to decide the matter afresh after providing opportunity of hearing to all concerned.

4. With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date25.08.2018 Transmission Date