IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11914 of 2008 MALIK PRASAD, SON OF SRI BHOLA PRASAD, RESIDENT OF VILLAGE- PALI, POLICE STATION-GANSHYAMPUR, DISTRICT-DARBHANGA Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER CUM SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 2. THE DISTRICT MAGISTRATE, DARBHANGA, DISTRICT- DARBHANGA. 3. THE BLOCK DEVELOPMENT OFFICER, GHANSHYAMPUR BLOCK, POLICE STATION-GHANSHYAMPUR, DISTRICT-DARBHANGA 4. THE PANCHAYAT TEACHER’S PANEL COMMITTEE, GONAUN, THROUGH ITS CHAIRMAN CUM MUKHIYA, GRAM PANCHAYAT RAJ GONAUN, POLICE STATION-GHANSHYAMPUR, DISTRICT-DARBHANGA 5. THE GRAM PANCHAYAT RAJ, GONAUN, THROUGH MUKHIYA, POLICE STATION-GHANSHYAMPUR, DISTRICT –DARBHANGA 6. THE PANCHAYAT SEWAK CUM PANCHAYAT SECRETARY, GONAUN GRAM PANCHAYAT, POLICE STATION-GHANSHUYAMPUR, DISTRICT DARBHANGA. 3. 30.01.2009 Heard the counsel for the petitioner and the State. Prayer of the petitioner is for a direction to the respondents to issue appointment letter in favour of the petitioner appointing him against the post of Panchayat Primary teacher, Gonaun Gram Panchayat on the basis of the counseling made under the provisions of rules 8 & 9 of Bihar Primary Teachers Appointments & Service Conditions Rule, 2006. Petitioner’s case is that the vacancies were - 2 - advertised for appointment of primary teachers. The petitioner also applied for his appointment as untrained Panchayat Primary Teacher in Gonaun Gram Panchayat and thereafter, the process for appointment as per rule proceeded. The certificates and testimonials of the applicants were considered by the Panchayat Samiti. Name of the petitioner was also included in the counseling list. After completion of the counseling, the petitioner’s name was at serial No. 19 in the panel of the untrained teachers. He kept on waiting for two years but no appointment letter was issued in his favour. Thereafter, he filed his complaint before the B.D.O. Ghanshyampur who is the competent authority under rule 18 of the 2006 rules for entertaining any complaints relating to appointment of Panchayat Teachers. On receiving such complaint, an inquiry was conducted by the B.D.O. Ghanshyampur. Records connected with the appointment of teachers of Gonaum Gram Panchayat, were verified, candidates were notified and their statements were recorded. Finally by order dated 27.02.2008, the B.D.O. recorded a finding that appointments of untrained teachers were not made in accordance with law. He found irregularities on large scale in appointment of - 3 - untrained teachers. The order dated 27.02.2008 indicates that how merit list was completely overlooked and the persons who have not even applied, were selected on account of being relative of Panchayat Sewak. Claim of the petitioner is that the candidates with lesser marks were appointed ignoring claim of persons having higher marks. The B.D.O.finally cancelled the appointment of untrained teachers made on the basis of such selection. However, he did not make any recommendation for makaing fresh appointment. In spite of the cancellation of entire appointment of untrained teachers, no further action was being taken by the concerned authority as such; this application was filed by the petitioner, for a direction to appoint him. In the counter affidavit filed by the state, there is no denial that irregularities were found by the B.D.O. and the appointment of untrained teachers has been cancelled. Considering these facts, a direction is being issued to the District Magistrate, Darbhanga, the Panchayat teachers Panel Committee, Gonaun and the Mukhiya as well as Panchayat Secretary, of Gonaun Gram Panchayat to take further steps for - 4 - appointment of Panchayat teachers against the vacancies of untrained teachers on the basis of the counseling done under 2006 rules in the concerned Panchayat. All candidates should be noticed who appeared in the counseling including the petitioner. A panel for appointment be prepared on the basis of the merit list and appointment be made within eight weeks from the date of communication/receipt of the order. The vacancies which were available at the relevant time, should not be included in the vacancies which have further been advertised under 2008 rules. Accordingly, this application is disposed of. AKV/ (Mridula Mishra,J.)