IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6521 of 2009 ABDUS SALAM, Son of Md. Abdul Sattar, resident of Village-Imampur, P.O.+ P.S.-Habibpur, District-Bhagalpur. …………..Petitioner. Versus 1. The State of Bihar. 2. The Principal Secretary, Department of Human Resources Development, Government of Bihar, Vikash Bhawan, Patna. 3. The Director, Secondary Education, Human Resources Development Department, Government of Bihar, Vikash Bhawan, Patna. 4. The Zila Parishad, Bhagalpur, through its Executive Officer i.e. the Deputy Development Commissioner, Bhagalpur. 5. The Chairman, Zila Parishad, Bhagalpur. 6. The Deputy Development Commissioner, Bhagalpur. 7. The District Education Officer, Bhagalpur. ………..Respondents. ----------- 3/ 12.03.2010 Heard counsel for the petitioner and the counsel appearing for the State. The Human Resources Development Department published a public notice on 28th July, 2006 in daily Newspaper “Hindustan,” whereby number of vacancies in districts of the Bihar, for appointments of Panchayat Teacher/Prakhand Teacher/ Nagar Teacher/Zila Parishad, was published. The appointments were going to be made in different Primary Schools/Block Schools and Zila Parishad Schools. The total vacancies advertised in the district of Bhagalpur were 11203. Petitioner, in pursuance of this advertisement also applied for appointment. A panel of selected candidates was prepared, some time in the month of May, 2007. The District Superintendent of Education, Bhagalpur, published a general notice in “Danik Jagran” daily newspaper on 08.05.2007, informing selected candidates that as per the panel, made public on the notice board, the date of counselling is in between - 2 - 09.05.2007 to 15.05.2007. Petitioner also participated in the counselling and he was placed in the panel of selected candidates at serial No. 68. His grievance is that, despite, his selection and name being in the panel, no appointment letter was issued to him. The reason was unknown to the petitioner. A counter affidavit has been filed on behalf of the State, in which it is stated that the Principal Secretary, Human Resources Development Department, issued a letter on 08.11.2007, informing all District Superintendent of Education that process of appointment initiated under 2006 rules must be completed by 30.11.2007. No appointment letters will be issued after 30.11.2007, unless approval for the same is taken by the Appointing Authorities from the Higher Authorities. A question was put to the counsel appearing for State that what was the relevance of the particular date 30.11.2007, Since, Rule 6 (ii) of Bihar Zila Parishad Secondary and Higher Secondary Teachers (Employment and Service Condition) Rule 2006 provides that a panel prepared for appointment will remain valid upto one year. In the present case, if the panel prepared in May, 2007 then, its’ validity was upto that date in the year 2009. In the given circumstances, 30.11.2007 could not have been fixed as a deadline, for not issuing appointment letter. Since, the petitioner was a selected candidate and his name in the panel, appointment letter must have been issued, to him. The panel was valid upto May, 2009 as such even, if 30.11.2007 crossed, it could - 3 - not be a ground for not issuing appointment letter in favour of the petitioner. Accordingly, this application is allowed, giving direction to the respondents, District Development Commissioner, Bhagalpur, Executive Officer, Zila Parishad, Bhagalur and also the District Education Officer, Bhagalpur, to issue appointment letter in favour of the petitioner within four weeks from the date of production/communication of this order. The petitioner must be appointed against the vacancies advertised through annexure-1. Sanjeet/ (Mridula Mishra, J.)