IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1401 of 2009 Dhananjay Kumar, son of Sri Lallan Prasad, resident of village Majhauli Road, Mairwa Post Office + P.S. Mairwa, District Siwan … Petitioner Versus 1. The State Of Bihar through the Chief Secretary, Govt. of Bihar, Patna 2. The Secretary cum Commissioner Human Resources Department, Govt. of Bihar, Patna 3. The Commissioner under Saran Commissioner Saran at Chapra 4. The District Magistrate, Siwan District, Siwan 5. The District Education Officer, Siwan District Siwan 6. The District Development Officer Siwan, District Siwan 7. The Regional Deputy Director Education Saran at Chapra 8. The District Medical Officer Siwan District Siwan 9. The District Superintendent of Education, Siwan, District Siwan 10. The Block Development Officer under Block Mairwa, District Siwan 11. The Block Education Officer under Block Ziradei cum Mairwa, District Siwan 12. The Mukhia Gram Panchayat Raj Titra, P.S. Ziradai, District Siwan 13. The Secretary Gram Panchayat Raj Titra, P.S. Ziradai under Block Mairwa, District Siwan … Respondents ---------------------------------- 7. 15.12.2011 Heard counsel for the parties. This matter relates to appointment on the post of Panchayat Shikshak under Disabled (Viklang) category. The post in question of Panchayat teacher is to be filled up from the Disabled Category but the verification of the candidates with regard to their extent of disability was not determined by the Civil Surgeon, the prescribed authority and that is how the Gram Panchayat in question could not take a final decision. This Court had accordingly directed for personal appearance of Dr. Chandrashekhar Kumar, Civil Surgeon, Siwan as also Mr. Kalamuddin Ansari, the Panchayat Secretary. The Civil Surgeon by filing certain documents claims that such disability was determined on 17.10.2011 in which the three candidates had 2 appeared and the necessary examination followed by the certificate of their disability has been issued on 17.10.2011. Counsel appearing on behalf of the Mukhiya in presence of Panchayat Secretary would submit that the Panchayat has got no problem in appointing a Panchayat teacher from the disabled category and since the petitioner is not only the candidate in the disabled category the best among the disabled category shall be appointed. Considering the aforementioned subsequent development this Court would direct the Panchayat Secretary present in Court to ensure that the necessary decision for appointment on the post of Panchayat teacher from amongst disabled category is taken and an appointment letter is issued by following the prescribed procedure laid down in Panchayat Shikshak Appointment Rules, 2006 within a period of four weeks. It is made clear that if the Mukhiya and the Panchayat Secretary will not comply this order, the District Magistrate, Siwan shall immediately take action against them as permissible under the Bihar Gram Panchayat Act. With the aforementioned observation and direction, this application is disposed of. The personal appearance of the Civil Surgeon, Siwan and the Panchayat Secretary of Titra Gram Panchayat is dispensed with. (Mihir Kumar Jha,J.) Surendra/