IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6905 of 2009 MANOJ KUMAR SINGH, SON OF LATE UMA SHANKAR SINGH, RESIDENT OF VILLAGE-KHAMHAURI, P.O. RAJAPUR, POLICE STATION-GAUTAM BUDHA NAGAR, (TARWARA), DISTRICT-SIWAN ……. PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, Human Resources Development Department, Bihar, Patna 3. The Director , Primary Education, Bihar, Patna. 4. The District Magistrate , Siwan. 5. The District Magistrate, Saran at Chapra. 6. The District Magistrate, Gopalganj. 7. The Deputy Development Commissioner-cum-Chairman, District Education Establishment Committee, Siwan. 8. The Deputy Development Commissioner-cum-Chairman, District Education Establishment Committee, Saran at Chapra. 9. The Deputy Development Commissioner-cum-Chairman, District Education Establishment Committee, Gopalganj. 10. The District Superintendent of Education , Siwan. 11. The District Superintendent of Education, Saran at Chapra. 12. The District Superintendent of Education, Gopalganj. 13. The Block Development Officer , Ekma, District-Saran. 14. The Block Education Extension Officer, Ekma, District-Saran. 15. The Block Development Officer , Dighwara, District-Saran. 16. The Block Education Extension Officer, Dighwara, District-Saran. 17. The Block Development Officer , Baikunthpur, District-Gopalganj. 18. The Block Education Extension Officer, Baikunthpur, District-Gopalganj. 19. The Mukhiya, Gram Panchayat Raj Koreya, Anchal-Dighwara, District- Saran. 20. The Panchayat Secretary, Gram Panchayat Raj Koreya, Anchal- Dighwara, District-Saran. 21. The Mukhiya, Gram Panchayat Raj Kakkam, Anchal-Baikunthpur, District-Gopalganj. 22. The Panchayat Secretary, Gram Panchayat Raj, Hakkam, Anchal- Baikunthpur, District-Gopalganj. 23. The Mukhiya, Gram Panchayat Raj Dharambari, Anchal-Baikunthpur, District-Gopalganj. 24. The Panchayat Secretary, Gram Panchayat Raj, Dharambari, Anchal- Baikunthpur, District-Gopalganj. ………… ……….. Respondents. ----------- Four the petitioner : Mr. Umesh Kr. Mishra For the State : Mr. Nityanand Jha, A.C. to G.P.X **************** 2. 24.06.2009 Heard learned counsel for the petitioner and the 2 counsel appearing for the state. Prayer of the petitioner is for quashing the order dated 03.12.2008 issued by the office of the Principal Secretary, Human Resources Development Department, Bihar, Patna whereby Bhagwan Budha Primary Teachers Education College, Bajrahia, Siwan whereby the recognition allowed to Bhagwan Budha Primary Teachers Education College, Bajrahia, Siwan for sessions 1983-85 to 1988-90 has been withdrawn on the basis of letter dated 07.03.1993. With similar prayer, C.W.J.C. No. 902 of 2009 and analogous cases came for consideration before this court. Petitioners in those writ applications had also completed their teachers’ training from Bhagwan Budha Primary Teachers Education College, Bajrahia, Siwan during the sessions 1983- 85 to 1988-90. Considering different letters of the Government as well as the judgment of the Supreme court passed in Civil Appeal No. 4129 of 1989, those writ applications were allowed. A direction was issued to the respondents to allow the petitioners/similarly situated candidates to participate in counseling for appointment of Panchayat teachers/block teachers and consider their cases for appointment, in case they are selected. Petitioner’s case is fully covered by the decision of this court passed in C.W.J.C. No. 902/09 and its analogous cases. In the order passed in C.W.J.C. No. 902 of 2009 and analogous cases, it has specifically been mentioned that this 3 order will be applicable in cases of petitioners as well as similarly situated candidates. Respondents ignoring this specific direction have forced the petitioner to come before this court and file a separate writ application. Respondents should have allowed the petitioner to participate in counseling in the same manner as they have allowed the petitioners in C.W.J.C. No. 902/09 and its analogous cases. Accordingly, prayer of the petitioner is allowed. Respondents are directed to allow the petitioner to participate in the counseling and consider their cases for appointment as Panchayat teacher/block teacher. The concerned authorities will fix a date for petitioner’s counseling in case counseling is already completed. This should be done before the publication of final list of selected candidates, preferably within two weeks from the date of production/communication of the order. akv/ ( Mridula Mishra, J )