IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7226 of 2010 MOTI LAL KUMAR, S/O SHRI KAULESHWAR RAY, RESIDENT OF VILLAGE UJHILPUR, P.O. NAKARDEVA, VIA- TETARIA, P.S. RAJEPUR, DISTRICT- EAST CHAMPARAN. … PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE DISTRICT TEACHERS EMPLOYMENT APPELLATE TRIBUNAL, EAST CHAMPARAN, REPRESENTED THROUGH ITS MEMBER. THE DISTRICT TEACHERS EMPLOYMENT APPELLATE TRIBUNAL, EAST CHAMPARAN. 3. THE DISTRICT SUPERINTENDENT OF EDUCATION, EAST CHAMPARAN, MOTIHARI. 4. THE BLOCK DEVELOPMENT OFFICER, TETARIA, BLOCK- TETARIA, DISTRICT- EAST CHAMPARAN. 5. THE MUKHIYA, PANCHAYAT RAJ- MEGHUA, BLOCK TETARIA, DISTRICT- EAST CHAMPARAN. 6. THE PANCHAYAT SECRETARY, PANCHAYAT RAJ- MEGHUA, BLOCK TETARIA, DISTRICT- EAST CHAMPARAN. 7. THE SELECTION COMMITTEE, PANCHAYAT RAJ- MEGHUA REPRESENTED THROUGH THE MUKHIYA, PANCHAYAT RAJ- MEGHUA, BLOCK- TETARIA, DISTRICT- EAST CHAMPARAN. … RESPONDENTS. ----------- 3. 28.03.2011 Heard learned counsel for the petitioner and the State. Claim of the petitioner for appointment as a Panchayat Teacher has been rejected by the District Teachers Employment Appellate Authority, East Champaran vide order dated 23.7.2009. This order is Annexure-6 which is under challenge in the present writ 2 application. Claim of the petitioner is that when the merit list was initially prepared, his name figured at serial no.3 amongst Backward candidates having 66% marks. He ought to have been appointed when second round of appointments came to be made on creation of six additional posts in the concerned Gram Panchayat. But the respondent authorities ignored his right for such appointment and have accommodated a person who did not even figure in the first list of counseling, which was carried out at the time of selection of four candidates. He points a finger towards one Amar Kumar. The confusion or the dispute is with regard to six additional posts which came to be created under the Panchayat and the manner in which selections were to be made against those six vacancies. There is no dispute that in the first round of selection there were 215 applicants out of which 81 turned up for counseling and four candidates were selected as per the roster clearance. Petitioner did not figure anywhere as there was one post for Backward Class candidate and person so selected had much higher marks than the present petitioner. 3 When the process for second round of selection was initiated the Gram Panchayat concerned decided to invite fresh applications but the superior authority namely the District Superintendent of Education intervened and gave a direction that appointments have to be made on the basis of initial application invited and no fresh applications should be called for. There was some confusion whether the selection should be confined to only 81 persons for whom counseling was done or from all the 215 applicants, who had applied for the post. There are two letters of the District Superintendent of Education on this issue. The respondent-Gram Panchayat however want a head and made appointments on the basis of the 215 applications by giving all of them a chance to compete, based on their merit position. Stand of the petitioner is that the Gram Panchayat should have confined itself to 81 people only and not expanded the ambit of consideration by inviting all the 215 applicants and he wants to draw advantage from one of the letters of the District Superintendent of Education. This Court, however, fails to understand as to 4 why the zone of consideration should be limited to 81 persons who participated in the first counseling and not to all the applicants who applied and were otherwise eligible for consideration and could not participate in the first counseling for one reason or the other. Since they were in no manner disqualified. Narrowing down the zone of consideration in matters of public employment is not the object. Purpose is to give equal opportunity to one and all who are otherwise eligible. Counter affidavit has been filed on behalf of Respondent Nos. 4 and 5, they have indicated by bringing materials on record that the petitioner has made a hue and cry about the illegal selection before various forums including the Lokayukt of the State and matter came to be examined not once but on many occasions at various levels and no wrong doing was found by any authority in the manner in which the selections were carried out or that the merit of any candidate was ignored. One such report is Annexure-G to the counter affidavit filed on behalf of the Mukhiya. It gives a complete narration of the mechanism in which the appointments were made on the additional six posts which came to be created subsequently. 5 Reading of the same would show that the petitioner is a rabble rouser trying to reap benefit by hook or crook or by creating noise without there being any substantive basis for making such wild allegations. Respondents have explained the position in categorically terms where the petitioner does not come into the ambit of consideration. So far as Amar Kumar is concerned, his name did figure in the list of 215 candidates and he surely has more percentage of marks than the present petitioner and belong to backward category. Obviously, the insistence of the petitioner to confine the zone of consideration to 81 candidates who came for counseling is with the object to oust Amar Kumar from the zone of consideration who is more meritorious and belongs to the same category as the present petitioner. Such kind of litigation is motivated piece of litigation which lacks bona fide and merit. Submission of the petitioner to that extent does not merit consideration. In fact, the Court is of the opinion that petitioner should be awarded a cost of Rs.2,000/- by filing such frivolous applications before one and all and burdening system by making allegations against responsible persons of society. 6 The writ application is dismissed with the direction that he will deposit the cost of Rs. 2,000/- to the Legal Services Authorities of the High Court within a period of six weeks from today. Ibrar/- ( Ajay Kumar Tripathi, J.)