IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9270 of 2008 1. Deo Kumar Vishwakarma, son of Sri Ram Bhajan Mistri, resident of Mohalla-Manpur Bazar, P.S.-Buniyadganj, District- Gaya. 2. Om Prakash, son of Sri Kuldeep Yadav, resident of village- Imaliyachak Katari Hill Road, P.S.-Rampur, District- Gaya. 3. Binod Kumar Yadav, son of Sri Dhannu Yadav, resident of village- Imaliya Chak Katari Hill Road, P.S. Rampur, District- Gaya. 4. Raj Kumar Vishwakarma, son of Shri Ram Bhajan Mistri, resident of Mohalla-Manpur Bazar, P.S. Buniyadganj, District- Gaya. 5. Shiv Prasad, son of Shri Premchand Ram, resident of Mohalla- Manpur Bazar, P.S.- Buniyadganj, District- Gaya. 6. Manoj Kumar, son of Shri Krishna Prasad, resident of Janakpur, District- Gaya. 7. Prakash Kumar, son of Late Panchu Manjhi, resident of Bhatbigha, Katari Hill, District-Gaya. 8. Munna Paswan, son of Shri Raj Kumar Paswan, resident of village- Baradin, P.S. Baragandhar, District- Gaya. 9. Shankar Kumar Vishwakarma, son of Shri Ram Kishun Mistri, resident of Tilha Dharmshala, Western Gate, District- Gaya. 10. Barhan Paswan, son of Shri Babu Lal Paswan, resident of Kandi, Bithosharif, District- Gaya. 11. Durga Choudhary, son of Sri Ram Lakhan Choudhary, resident of Manpur Bazar, Post Office Lane, Buniyadganj, District- Gaya. 12. Uday Yadav, son of Shri Bhannu Yadav, resident of Rampur, District- Gaya. 13. Shiv Kumar, son of Shri Raju Paswan, resident of Bageshwari New Colony, R.S. District- Gaya. 14. Suresh Prasad, son of Shri Janki Bhagat, resident of Digghi Talab, Civil Line, District- Gaya. 15. Mahesh Prasad, son of Late Narayan Das, resident of Bageshwari New Colony, R.S., District- Gaya. 16. Ramashish Pandit, son of Sri Babu Lal Pandit, resident of Bishunganj, Civil Aerodrum, District- Gaya. 17. Shiv Kumar Paswan, son of Late Mungeshwar Paswan, resident of village-Hegjapur, Sherghati, District- Gaya. …………Petitioners. Versus 1. The State Of Bihar. 2. The Collector, Gaya. 3. The Assistant Director (Employment), Sub-Regional Employment Exchange, Gaya. 4. The Deputy Collector, Nazarat, Gaya. 5. The District Welfare Officer, Gaya. ….. Respondents 2 For the Petitioners :M/s D.K. Sinha, Sr. Advocate, Abhishek Kumar Mishra, Dilip Kumar & Rekha Kumari, Advocates For the State :Mr. Ravish, A.C. to G.A.-10 06 24.06.2011 Heard learned counsel for the petitioners and the State. 2. Petitioners were applicant for appointment against Class IV post in the Collectorate, Gaya and its attached offices pursuant to Advertisement No. 01 dated 16.12.2004, Annexure-5. Earlier also they filed C.W.J.C. No. 4486 of 2007, as they were not satisfied with the seniority position indicated in panel which was prepared pursuant to Advertisement No. 8/2000. The said writ petition was disposed of along with other writ petitions under orders dated 25.7.2007, Annexure-2 quashing the earlier panel of the year 2000-01 and holding the panel of the year 2001-02 to have lost its force with further direction to prepare fresh panel pursuant to Advertisement no. 1/2004 after issuing corrigendum thereto and giving weightage to the earlier panelist. In the light of the aforesaid direction, Collector, Gaya published draft panel dated 23.5.2008, Annexure-9 to the writ petition seeking objection from the concerned within one month from the 3 date of publication of the draft panel. In response to the aforesaid direction, petitioners filed their objection on 12.6.2008, copy whereof is contained in Annexure-11 series to the supplementary affidavit wherefrom it appears that they categorically stated in their objection that the panelist included in the panel from serial no. 1 to 208 were underage on the date from which they have been given seniority in the draft panel. 3. This writ petition has been filed asserting that without considering the aforesaid objection of the petitioners, Annexure-11 series, draft panel dated 23.5.2008, Annexure-9 was finalized on 21.10.2008, Annexure-13 maintaining the seniority of the panelist included at serial nos. 1 to 208 of the panel, Annexure-10. 4. It is submitted on behalf of the petitioners that the candidates included in the panel from serial nos. 1 to 208 were enrolled in the Employment Exchange in the year 1994 onwards when they attained majority and could not have been empanelled giving them seniority of the year 1989 as prior to their enrollment in the Exchange, they were minor and could not have been allowed to serve as candidate peon in the Collectorate and attached offices. 4 In this connection, it is pointed out that to allow a minor to serve is not only against the Government instructions, but also an offence under the enactment made for protection of children. It is, however, conceded by the counsel for the petitioners that citizen is entitled for being considered for public employment after he attains majority and candidates included from serial nos. 1 to 208 may also be considered for empanelment in the Collectorate and attached offices giving them seniority from the date they attained majority, provided served the Collectorate and attached office(s) as candidate peon and there is evidence to support service rendered by them. 5. From the counter affidavit filed on behalf of the State in this matter, it does not appear that the objection of the petitioners dated 12.6.2008 to the draft panel dated 23.5.2008, Annexure-9 has yet been considered by the competent authority i.e. the Selection Committee headed by the District Magistrate, Gaya. 6. Accordingly, this writ petition is disposed of directing the District Magistrate, Gaya to consider the objection of the petitioners dated 12.6.2008, Annexure-11 series as early as possible, in any case within two months 5 from the date of receipt/ production of a copy of this order in the light of the observation made above. 7. Petitioners are at liberty to supplement their objections dated 12.6.2008 by filing supplementary petition annexing a copy of this order. 8. It goes without saying that if the petitioners are able to improve their seniority in the panel, the authorities must consider them afresh in the light of their improved seniority in the panel as under order no.2 dated 6.8.2008 passed in this petition this Court observed that any appointment made from the panel dated 21.10.2008 shall be subject to the final order passed in this petition. Arjun/ ( V. N. Sinha, J.)