The District Teachers Employment Appellate Authority cannot review its final decisions unless expressly authorized by statute.

CAV JUDGMENT

Heard learned counsel for the petitioners and learned counsel appearing on behalf of the respondents.

2. The present writ application has been filed for the following reliefs:

i. For issuance of writ in the nature of certiorari quashing the Order dated 24.08.2017 passed in Appeal No. 83 of 2017 passed by the learned State Appellate Authority, Bihar, Patna whereby the Appeal preferred by the Petitioners have been rejected on baseless grounds which were never in issue without application of judicious mind.

ii. For issuance of writ in the nature of certiorari for quashing of the Order dated 25.01.2016 passed by the Member, District Teachers Appointment Appellate Authority, Buxar in Case No. 04 of 2013 whereby the Appeal preferred by the Petitioners have been rejected reviewing its final Order dated 09.10.2014 by which the Petitioners joining was directed to be accepted by the Respondents at the Schools in which they were appointed.

iii. For further issuance of writ in the nature of mandamus directing the Respondents to accept the joining of both the Petitioners as per the Orders passed by the District Teachers Appointment Appellate Authority, Buxar dated 09.10.2014.

iv For issuance of writ in the nature of mandamus commanding the Respondents to grant / accord the consequential benefits to the Petitioners for which they are legally entitled to from the date of issuance of their appointment letters by the Competent Authority. v. For issuance of the writ in the nature of declaration holding that the appointment of the Petitioners were legal and there was no flaw in the procedure and further hold that the District Teachers Appointment Appellate Authority, Buxar have no jurisdiction to review its own Order available in the law.

vi. Any other relief(s) be granted to the Petitioner for which she found entitled too.

FACTS

3. The brief facts, necessary for adjudication of the present writ petition, are as follows:

(i) The petitioners were appointed as Panchayat Teachers pursuant to the selection process conducted under the Bihar Panchayat Primary Teacher (Appointment and Service Conditions) Rules, 2006 (hereinafter referred to as “the 2006 Rules”). The appointments were made against sanctioned and vacant posts after due process of selection, counselling and verification, as would be evident from the appointment letters annexed with the writ petition (Annexure-5 series).

(ii) A dispute subsequently arose with regard to the legality of the alleged appointments. The matter was taken before the District Teachers Employment Appellate Authority, Buxar, which by order dated 09.10.2014 allowed the claim of the petitioners. (Annexure-10).

(iii) Thereafter, the very same District Appellate Authority, by order dated 25.01.2016(Annexure 14), reviewed and recalled its earlier order dated 09.10.2014, holding that the earlier order suffered from error.

(iv) The petitioners assailed the order dated 25.01.2016 before the State Teachers Employment Appellate Authority, Bihar, which by order dated 24.08.2017(Annexure 16) dismissed the appeal and affirmed the order passed by the District Appellate Authority.

(v) Aggrieved by the aforesaid orders, the petitioners have approached this Court by filing the present writ application.

SUBMISSIONS ON BEHALF OF THE PETITIONERS

4. Learned counsel appearing on behalf of the petitioners submitted that the entire proceedings are vitiated at the threshold due to a fundamental jurisdictional error committed by the District Teachers Employment Appellate Authority. It was contended that once the District Appellate Authority pas