IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15392 of 2007 JITENDRA PRASAD YADAV, Shri Parmeshwar Prasad, Resident of village- Rampur Nur Nagar, P.S. –Jalalpur, District- Saran (Chapra)……….Petitioner. Versus 1. THE STATE OF BIHAR 2. The Secretary-cum-Commissioner, Human Resources Development Department, Bihar, Patna 3. The Commissioner, Saran Division, Saran 4. The Collector, Saran (Chapra) 5. The District Panchayat Raj Officer, Saran (Chapra) 6. The Block Development Officer , Jalalpur, Saran (Chapra) 7. The Mukhiya, Gram Panchayat Kumna, Jalalpur, Saran (Chapra) 8. The Panchayat Secretary , Gram Panchayat Kumna, Jalalpur, Saran (Chapra) 9. The Magadh University , Bodh Gaya, through its Registrar 10. The Principal, T.P.S. College, Patna, Constituent Unit of Magadh University 11. Nagendra Kumar Yadav son of Tuntun Yadav, Resident of Village- Bareja, P.S.- Jalalpur, Dist- Saran (Chapra) ……………………………Respondents. For the petitioner: Mr. Gyan Prakash For the State : Mr. G.P.-4 For the Magadh University : Mr. J.C. to Mr. Jugal Kishore ----------- 3. 02.03.2009 Heard learned counsel for the petitioner and the state. Petitioner initially filed this application for a direction to respondents to appoint him on the post of Panchayat Teachers (reserved for backward class candidate) cancelling appointment of one, Nagendra Kumar Yadav as he has been appointed on the basis of forged certificate of intermediate. The appointment of Panchayat teachers was made in Gram Panchayat, Kumna, Jalalpur in the district of Chapra. Along with 2 the writ application, the petitioner has annexed intermediate mark sheet of Nagendra Kumar Yadav and the certificate issue by the Principal, T.P.S. College in support of this fact that the mark sheet was forged. Petitioner has also annexed the inquiry report of Area Education Officer, Saran. The inquiry report indicates that irregularities were committed in preparation of panel for appointment of selected candidates. Irregularities were detected in making appointment against reserved as well as unreserved posts. The reservation roaster as well as merit list was ignored, as such; recommendation was made for preparing fresh panel for selection, observing the reservation roaster as well as the merit list. The Block Development Officer, Jalalpur, Chapra receiving the inquiry report of Area Education Officer has referred the matter to the District Level Tribunal constituted under 2008 rules as after coming into force of 2008 rules, the Block Development Officer is not empowered to pass any such order. The order dated 05.01.2009 passed by the Block Development Officer, Jalalpur has been annexed as Annexure-A to the counter affidavit. I do not find that any direction can be issued to the Tribunal or any authority regarding appointment of the petitioner on the post of Panchayat Teachers against reserved backward category as entire panel is to be 3 reconsidered in the light of the enquiry report. In this view, present writ application is premature. The tribunal, however, is directed to proceed with the matter in the light of the enquiry report and consider it preferably within eight weeks from the date of production/communication of the order. Another grievance of the petitioner is that his original certificates, mark sheets relating to his educational qualification have been kept by the concerned Mukhiya of the Gram Panchayat, Kumna, Jalalpur. The petitioner has made several requests but it is not being released due to which the petitioner is being deprived from filling any application for any other appointment. The Mukhiya , Kumna, Jalalpur is directed to release mark sheets as well as educational qualification, certificate of the petitioner forthwith. This application is, accordingly, disposed of. AKV/ ( Mridula Mishra, J )