Mihir Kumar Jha, J.

1. I.A. No. 4965/2009

Having heard counsel for the parties as also upon taking into consideration the facts mentioned in this application the delay of 315 days in filing of this appeal is hereby condoned.

2. I.A. No. 4965 of 2009 is accordingly allowed.

L.P.A. No. 1017/2009

3. As we have condoned the delay, we are also inclined to finally dispose of the appeal on merit and accordingly we have heard counsel for the parties at length at the stage of admission itself.

4. Counsel for the appellants has submitted that the learned Single Judge while allowing the writ petition has committed an error in ignoring the most important aspect that the respondents-writ petitioners had themselves accepted appointment as Nagar Sikshak under 2006 Rules and therefore, they could not have claimed the benefits of post of teacher which was existing prior to the aforementioned rules. In this context pointed reference was made to a communication of the District Superintendent of Education, Nalanda contained in his letter No. 4582 dated 23.12.2006 and the reply submitted by the respondents-writ petitioners on 26.12.2006, vide Annexures A and B to the counter affidavit filed in