IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.4393 of 2010 1. Krishna Murari Pandey, S/o Shri Uma Shankar Pandey, Resident of Village Hari Kishunpur, P.O. Dalsagar, P.S. Audyogic Buxar, Dist. Buxar. 2. Om Prakash Srivastava, S/o Nagendra Lal Srivastava, Resident of Village Oghawalia, P.S. Brahmpur, Dist. Buxar. 3. Lallan Kumar Pathak, S/o Shri Siddhnath Pathak Pathak, resident of Village Ori, P.O. Maldah, P.S. Itarhi, Dist. Buxar. 4. Ram Raj Tiwari, s/o Shri Jai Govind Tiwary, resident of Village Koirpuravan, P.O. Buxar Nagar, Dist. Buxar. --------- Petitioners Versus 1. The State of Bihar. 2. Deepak Kumar, Secretary, Department of Personnel and Administrative Reforms, Govt. of Bihar, Patna. 3. Sunil Barthuwal, Commissioner, Patna Division, Patna. 4. Shri Ajay Kumar Yadv, Collector Buxar, Dist. Buxar. 5. Nagina Sharma, Additional Collector, Buxar. 6. Shri Animesh Kumar, Nazarat Deputy Collector, Buxar. 7. Bhanu Pratap Singh, S.D.O., Buxar, Dist. Buxar. 8. Jagdish Prasad, S.D.O., Dumaron, Dist. Dumaron. 9. Ajeet Kumar Singh, District Welfare Officer, Buxar, Dist. Buxar. 10. Shri Kanhaiya Lal Harijan, Nazir Nazarat Buxar Collectoriate, Dist. Buxar. ------- Opp. Parties With MJC No.690 of 2011 1. Bijendra Pathak, S/o Late Kapil Muni Pathak, Resident of Village Mahadah, P.S. Buxar (Muffasil), Dist. Buxar. 2. Uma Shankar Mishra, S/o Lallu Jee Mishra, Resident of Village Chakrahansi, P.O. Pandey Patti, P.S. Buxar (Muffasil), Dist. Buxar. 3. Vinay Kumar Sinha, S/o Shri Ram Lakhan Lal, Resident of Mohalla Musafirganj, P.O. Gajendhar Ganj, P.S. Buxar Nagar, Dist. Buxar. ------- Petitioners Versus 1. The State of Bihar through Principal Secretary, Department of Personnel and Administrative Reforms, Govt. of Bihar, Patna. 2. Shri Dipak Kumar, Principal Secretary, Department of Personnel and Administrative Reforms, Govt. of Bihar, Patna. 3. Sri Ajay Binayale, the Principal Secretary, Water Resource Department, Govt. of Bihar, Patna. 4. Shri Sunil Barthuwal, Commissioner, Patna Division, Patna. 5. Shri Ajay Yadav, Collector Buxar, Dist. Buxar. 6. Shri Nagina Sharma, Additional Collector, Buxar. 7. Shri Animesh Kumar, Nazarat Deputy Collector, Buxar. 8. Shri Bhanu Pratap Singh, S.D.O., Buxar, Dist. Buxar. 9. Shri Anand Kumar Dutta, Under Secretary, Water Resource Department, Govt. of Bihar, Patna. 10. Shri Om Pramkash Ambarkar, Chief Engineer, Water Resource Department, Dehri (Rohtas). 2 11. Shri Ramchandra Prasad, Civil Surgeon-cum-Chief Medical Officer, Buxar, Dist. Buxar. --------- Opp. Parties ----------- 5 16.11.2011 Heard Mr. Manan Kumar Mishra, learned counsel for the petitioners and Mr. D.K. Sinha, learned counsel for the opposite parties. Mr. Ajay Yadav, Collector of Buxar district, is also present in person. Having perused the show-cause reply filed today, this Court would be satisfied that now the representations of the petitioner have been disposed of by a speaking order. As there is also no appointment made in the Buxar district, even that part of submission of Mr. Mishra as with regard to violation of the order of this Court cannot be accepted. The only aspect which would still require to be considered is the allegation of Mr. Mishra against the impugned process of selection that 22 posts of Class-IV employee of the Irrigation Department were sought to be filled up under the recommendation of the Collector of the Buxar district without following the panel. He submits that as a matter of fact all these persons having much lesser experience were sought to be 3 recommended by the Collector of the Buxar district only on the basis of letter received from the Chief Engineer of Water Resources Department. He would further submit that the Government’s Circular dated 3.12.1980 does not contemplate of a situation in which the Collector can recommend the names of such persons for appointment in any Department on a Class-IV post who do not find place in the panel prepared by the Collector. Mr. Mishra has again expressed further apprehension that even though in the representation decided by the Collector of Buxar district, the petitioners’ position in the panel has been finalized at respective places but, then, even that can be changed by introducing new people so as to defeat the right of the petitioners of being appointed on the basis of their panel position. In the considered opinion of this Court, all these aspects may be subject matter of consideration in a properly constituted writ application but, then, as the Collector of Buxar district has himself accepted that this aspect would require reconsideration by him, this Court would expect that the Collector of Buxar district 4 will once again go into the aspect of recommending names of such persons for appointment against the Class-IV post in the Water Resource Department whose name do not find place in the panel prepared by him. It further goes without saying that if the petitioners are aggrieved by the individual order passed by the Collector of Buxar district, they would be at liberty to assail them in an appropriate proceeding. This application is, accordingly, disposed of. The personal appearance of Mr. Ajay Yadav, Collector, Buxar, is dispensed with. Rsh (Mihir Kumar Jha, J.)