IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2021 of 2010 1. VINAY KUMAR PODDAR @ VINAY KUMAR S/O LATE DILESHWAR PODDAR R/O MOHALLA- KOSHI COLONY ROAD, WARD NO. 11, P.S. AND DISTT.- SAHARSA Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY GOVERNMENT OF BIHAR, PATNA 2. DIRECTOR, PANCHAYATI RAJ GOVERNMENT OF BIHAR, PATNA 3. THE DEPUTY DIRECTOR, PANCHAYATI RAJ KOSHI DIVISION, SAHARSA 4. THE DISTRICT MAGISTRATE SAHARSA 5. SUB DIVISIONAL OFFICER SIMRI BAKHTIYARPUR, SAHARSA 6. D.P.R.O. SAHARSA 7. BLOCK DEVELOPMENT OFFICER SIMRI BAKHTIYARPUR, DISTT.- SAHARSA 8. BLOCK PANCHAYAT RAJ OFFICER-CUM-NODAL OFFICER SIMRI BAKHTIYARPUR, SAHARSA 9. GRAM PANCHAYAT SURVEYOR SIMRI BAKHTIARPUR, DISTT.- SAHARSA 10. RAM PRASAD SAH S/O NOT KNOWN SARPANCH, SOUTH SIMRI BAKHTIYARPUR PANCHAYAT, BLOCK- SIMRI BAKHTIYARPUR, DISTT.- SAHARSA ----------- 4. 28.10.2010 Heard learned counsel for the petitioner and the State. No counter affidavit till date has been filed on behalf of the State notwithstanding the fact that the writ petition was filed nearly eight months ago and opportunity was granted twice to file counter affidavit on 6.8.2010 and 21.9.2010. No one appears for Respondent no. 10 despite valid service of notice and neither has he entered appearance. The petitioner claims to be an applicant in the Backward caste category for the post of Nyay Mitra 2 at Bakhtiyarpur South Gram Kutchari under Simri Bakhtiyarpur Block (Saharsa). His grievance is that his panel position in the merit list is at serial no. 8 while the person at serial no. 11 has been appointed ignoring his better claim when persons at serial nos. 1 to 7 of the panel did not join. He filed an application before the Sub Divisional Officer who has ruled in his favour on 14.11.2008. The appointment letter has been issued to the petitioner on 21.5.2009 notwithstanding which the Sarpanch, respondent no. 10, refused to allow the petitioner to join. Any appointment from a merit panel has to be strictly in order of the merit Panel. If the persons at serial nos. 1 to 7 did not join and the petitioner who stood at serial no. 8 of the panel has been offered appointment, there is no infirmity in the same and he has to be allowed to discharge duties. The Bihar Gram Kutchari Nyay Mitra (Appointment, Service Conditions and Duties) Rules, 2007 in Rule-12 provides complaints to be made before the Sub Divisional Officer. That has been done by the petitioner and orders issued in his favour on 14.11.2008. Under Rule 13 the District Magistrate is the appellate authority. In normal circumstances the appeal was to be filed by the aggrieved and not by the petitioner. 3 However, in the peculiar facts of the case where the issue appears to be purely administrative if what the petitioner contends are correct. The petitioner is stated to have filed his representation before the District Magistrate on 3.9.2009. Let the District Magistrate ensure the supremacy of the law with regard to the appointment on the post of Nyay Mitra to the competent person in accordance with the panel within a maximum period of one month from the date of receipt/production of a copy of this order. Any illegal obstructions in allowing the benefit of the appointment flow to the concerned by any authority is expected to be dealt with firmly by the District Magistrate both under the civil and criminal laws as the case may be. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)