Pramod Kumar vs The State Of Bihar &Amp; Ors on 4 March, 2011

                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CWJC No.10292 of 2010
                 1. PRAMOD KUMAR S/O SRI SITA RAM PRASAD R/O VILL
                 SHERPUR (RAMPUR), P.O.SHERPUR(RAMPUR), P.S.MANER,
                 DISTT-PATNA
                                            Versus
                 1. THE STATE OF BIHAR
                 2.   THE    PRINCIPAL    SECRETARY-CUM-COMMISSIONER,
                 HUMAN RESOURCES DEVELOPMENT DEPARTMENT          THE
                 STATE OF BIHAR, NEW SECRETARIAT, PATNA
                 3. THE DISTRICT MAGISTRATE BHOJPUR (ARA)
                 4. THE DISTRICT EDUCATION OFFICER BHOJPUR (ARA)
                 5. THE BLOCK DEVELOPMENT OFFICER         ARA, DISTT-
                 BHOJPUR
                 6. THE BLOCK EDUCATION OFFICER ARA, DISTT-BHOJPUR
                 7. THE MUKHIYA , GRAM PANCHAYAT          DAULATPUR,
                 P.S.ARA, DISTT-BHOJPUR
                 8. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT
                 DAULATPUR, BLOCK ARA, DISTT-BHOJPUR
                                        -----------

02. 4.3.2011 Since there is no clear and categorical finding or

assertion made by the petitioner under the circumstance in which

he was not allowed to participate in the counselling, the finding

given by the appellate authority in Appeal Case No.747 is hereby

quashed. The matter is remitted back with a direction that the

appellate authority will examine the records, hear the parties and

on verification thereof pass a fresh order.

The writ application is allowed.

rkp                                     (Ajay Kumar Tripathi,J.)