IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.68 of 2009 1. RANA PRATAP MANDAL, S/o Dev Narayan Mandal, R/o Vill. Govindpur, P.S. Jadiya, Dist. Supoul 2. Rajesh Kumar, S/o Hari Lal Singh, R/o Vill. Bajupatti, P.S. Bhargama, Dist. Araria. 3. Punam Kumari, D/o Hari Lal Singh, R/o Vill. Bajupatti, P.S. Bhargama, Dist. Araria. 4. Prakash Paswan, S/o Maheshwari Paswan, R/o Vill. Tapra, Birnagar, P.S. Bhargama, Dist.Araria. 5. Suresh Kumar Yadav, S/o Bindeshwari Yadav, R/o Vill. Shekhpura, P.S. Bhargama, Dist. Araria. 6. Md. Islam, S/o late Md. Gafoor, R/o Vill. Dhaneshwari, P.S. Bhargama, Dist. Araria. 7. Md. Mustaque, S/o Abdul Shakur, R/o Vill. Dhaneshwari, P.S. Bhargama, Dist. Araria. 8. Chandni Kumar, D/o Shiwendra Prasad, R/o Vill. Dhaneswhari, P.S. Bhargama, Dist. Araria. 9. Indu Kumari, D/o Sudha Deo Srivastava, R/o Vill. Dhaneshwari, P.S. Bhargama, Dist. Araria. 10. Uma Kumari, Daughter of Mahindra Chandra Das, Mofasil Purnea, District Araria, 11. Nudrat Jamil daughter of Jamil Akhatar, W/oAbdul Rauf R/s at & P.S. Bhargama, Dist.Araria. 12. Md. Asjad, S/o Abdus Samed, R/o Vill Dhaneshwari, P.S. Bhargama, Dist. Araria. Versus 1. The State of Bihar, through District Magistrate, Dist. Araria. 2. Additional District Magistrate, District Araria. 3. Sub-Divisional Officer, Araria. 4. Block Development Officer, Bhargama, Dist. Araria. 5. Block Education Extension Officer, Bhargama, District Araria. 6. Mukhiya, Gram Panchayat, Dhaneshwari, Bhargama, Dist. Araria. 7. Gram Panchayat Secretary, Dhaneshwari, Dist. Araria. 8. Md. Manzoor Ahmad, S/o Md. Suleman, R/o Vill. Chandnighasi Tola, P.S. Bhargama, Dist. Araria. 9. Pratima Kumari D/o Badri Pd. Mandal, R/o Vill Dhaneshwari, P.S. Bhargama, Dist. Araria. 10. Sushil Kumar Ram, S/o Ram Prasad Ram, R/oVill. Raghunathpur, P.S. Bhargama, Dist. Araria. 11. Rekha Kumari, D/o Sukdeo Ram, R/o Vill. Khutha, Baijnathpur, P.S. Raniganj, Dist. Araria. ----------- 3/ 09.02.2009 The writ petitioners-appellants, aggrieved by the order dated 27.11.2008 passed by the learned Single Judge in C.W.J.C. no. 2 7617 of 2008 have preferred this appeal under Clause-10 of the letters patent. The writ petitioners-appellants aggrieved by the order of the Block Development Officer directing fresh counseling had preferred the writ petition, challenging that. Mrs. Asha Verma appears on behalf of the appellants. The learned Single Judge while dismissing the writ application held that the order is to protect the genuine and meritorious candidates. While doing so, it has observed as follows:- “By the impugned order dated 20.02.2008 (Annexure-2) the Block Development Officer-cum-Appellate Authority for Panchayat teachers, Bhargama, in the district of Araria has looked into complaints filed by several persons alleging illegality/irregularity in the process of selection or counseling for appointment of Panchayat teachers in Gram Panchayat Dhaneshwari. On a perusal of the impugned order this court finds that in order to verify the allegations made by the complainants the original registers and documents were called for and notice was also issued to appointed teachers like the petitioners and out of them 11 Panchayat teachers appeared. After taking all the precautionary steps to ensure fairness in the procedure, by the impugned order the Block Development Officer has come to a finding that counseling register appears to have been prepared illegally and signatures of several persons do not appear to be taken in the counseling register. On such finding he has held that the entire selection process has to be set aside so that for the Panchayat in question fresh counseling may be conducted at the Block Headquarter in accordance with law”. We do not find any error in the same. 3 It is dismissed in limine. S.B.P. (Chandramauli Kumar Prasad, ACJ.) (Mandhata Singh, J.)