JUDGMENT

1. Heard learned counsel for the parties online because of COVID-19 pandemic restrictions.

2. Following is the relief which the petitioners have sought for in the present writ application filed under Article 226 of the Constitution of India:-

"1. That this writ application is being filed for quashing order issued vide Memo No. 483 dated 06.06.2020 duly signed by Block Development Officer-cum-Member Secretary Block Teacher Employment Committee, Araria and Letter No. 705 dated 02.06.2020 issued by the District Education Officer, Araria whereupon the Memo No. 483 dated 06.06.2020 was issued whereby the appointment of the petitioners has been cancelled despite the order dated 15.07.2019 passed by the District Teachers employment Appellate Tribunal, Araria on the basis of the direction passed by the Hon 'ble High Court in C.W.J.C. No. 975 of 2016 which had directed for disposal of pending application of the petitioners before the said Appellate Tribunal. "

3. Facts of the case are not at all in dispute. Pursuant to an advertisement published in the year 2008 for filling up the vacancies on the post of Block Teacher, Araria the petitioners had applied. A merit-list was prepared on 30.12.2008 in which the names of these petitioners figured as successful candidates. As the matter of appointment of these petitioners was getting delayed and other similarly situated persons were given appointment, the petitioners approached the District Appellate Authority, Araria in 2011. As the matter was not being adjudicated upon by the Appellate Authority, some of the persons approached this Court by filing writ application giving rise to CWJC No. 945 of 2016, which was disposed of by an order dated 26.09.2018 with a direction to the Appellate Authority to dispose of the appeals relating to non-appointment of the candidates despite they having been declared successful.

4. The petitioners have relied on a communication dated 09.04.2011 made by the Block Education Officer, Araria, addressed to the District Superintendent of Education, Araria mentioning therein that first phase of counselling for appointment was completed and engagement/ employment for the second phase of selection was in abeyance. The matter relating to 32 successful candidates was pending before the Appellate Authority/ Court and the Block Education Extension Officer was in receipt of an order issued by the Department to keep the posts vacant in respect of which the matters were pending for adjudication. He accordingly requested the District Superintendent of Education, Araria to keep 22 posts of Urdu Teachers and 10 posts of General Teachers (total 32), whose matters were pending before the Appellate Authority, so that any order passed by the authority or the Court may be complied with.

5. It is the specific case of the petitioners that though they had approached the Appellate Authority in 2011 itself, all the cases were numbered as 47 of 2018 subsequent to order of this Court dated 26.09.2018, passed in CWJC No. 945 of 2016, by clubbing all such grievances relating to refusal on the part of the respondents to issue appointment letters, despite the petitioners having been declared successful.

6. In the proceeding before the Appellate Authority the concerned Appointment Committee was noticed who filed its response. From the order of the Presiding Officer, District Appellate Authority, Araria dated 05.07.2019, it appears that a plea was taken on behalf of the concerned Appointment Committee that the appellants before the Appellate Authority were selected for appointment against the posts in question and they were required to be issued appointment letters accordingly by 28.12.2010 in view of departmental orders. But before the appointment letters could be issued in favour of the appellants before the authority and other selected candidates, the Education Department issued a guideline that appointment letter should be issued in favour of only such selected candidates in respect of who