IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13383 of 2009 1. RAM KHELAWAN PASWAN Son of Late Raso Paswan 2. Ram Dev Paswan, Son of Late Triveni Paswan 3. Ram Shankar Mahto, Son of Aghnu Mahto 4. Ahmad Ali, Son of Md. Azim 5. Gyan Chand Pathak, Son of Late Shiv Narain Pathak 6. Raj Kumar Pandit, Son of Late Hazari Pandit 7. Kedar Thakur, Son of Late Batoran Thakur 8. Dev Narayan Thakur, Son of Late Shivdani Thakur 9. Mohan Jha, Son of Late Ambika Jha 10. Renuka Devi @ Renuka Kumari Wife Ashok Kumar Ishwar Versus THE STATE OF BIHAR & ORS ----------- 2 14-10-2009 Heard the learned counsel the petitioners and the State. The petitioners contend that in pursuance of an advertisement No.948 dated 23.10.2006 a panel has been prepared for appointment on Class-IV posts in the Collect rate of Begusarai dated 12.7.2008. It is further contended that the appointments are being made from the same even in the year 2009. The further contention is that the Respondents are making appointment ignoring the seniority position of the candidates in the panel which includes the petitioners also, when the persons below in the panel have been appointed only on the ground that they had apparently moved this Court for appropriate directions. Any appointment from a panel has to be made strictly in accordance with the merit position of the candidates in the panel. There can be no judicial orders to violate the merit position of the panel as that would be in the teeth of Article 14 of the constitution of India. If certain appointments have been made contrary to the panel - 2 - position in pursuance of any order for consideration passed by this Court that cannot defeat the claim of the petitioners on their merit position in the panel if the vacancy is still available. Le appropriate orders be passed in accordance with law within three months from the date of receipt/production of a copy of this order on the claim of the petitioners. The application stands disposed NKS/- ( Navin Sinha, J)