Petitioner is aggrieved by the order passed by the District Teachers Employment Appellate Authority, West Champaran dated 26.11.2012. The claim of the petitioner was rejected by the District Teachers Employment Appellate Authority, West Champaran on the ground that the petitioner has not produced any documents showing his presence on the date of ‘Niyojan’. Learned counsel would submit that the reasoning for rejecting the claim of the petitioner is alien to the scheme of the rules. Under the rules the employment unit was required to conduct counselling and after counselling it was obligation to the employment unit to inform the selected candidate for giving consent and thereafter the employment unit is required to proceed for appointment. There is no requirement that the petitioner or any selected candidate has to appear before the Employment unit for ‘Niyojan’ and on that basis rejection of the claim of the petitioner on failure to produce evidence of his presence on the date fixed for employment is uncalled for and contrary to the requirement of rule as such order of the District Teachers Employment Appellate Authority, West Champaran cannot sustain and accordingly Annexure-6 is quashed. The matter is remitted back to the District Teachers Employment Appellate Authority, West Champaran to examine afresh the
