IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15075 of 2009 1. NARENDRA KUMAR SINGH S/O LATE ARJUN SINGH R/O VILL.- MANHAR, P.O.- BANSH GOPAL, UNDER GRAM PANCHAYAT- ANDHAR BARI, P.S. AND BLOCK- RAJAULI, DISTT.- NAWADA 2. AJAY KUMAR S/O LATE BINDA SINGH R/O VILL.- P.C. AND GRAM PANCHAYAT- FATEHPUR, P.S. AND BLOCK- AKBARPUR, DISTT.- NAWADA 3. VINAY KUMAR S/O SRI NAVAL SINGH R/O VILL. & GRAM PANCHAYAT- BHADSENI, P.S. AND BLOCK- HISUAA, DISTT.- NAWADA Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY/SECRETARY, THE DEPTT. OF PANCHAYATI RAJ GOVT. OF BIHAR, PATNA 3. THE DIRECTOR, THE DIRECTORATE OF PANCHAYATI RAJ GOVT. OF BIHAR, PATNA 4. THE COMMISSIONER, MAGADH DIVISION NAWADA 5. THE DISTRICT MAGISTRATE, NAWADA-CUM-CHAIRMAN DISTRICT PANCHAYAT SEWAK SELECTION COMMITTEE, NAWADA 6. THE DEPUTY DEVELOPMENT COMMISSIONER, NAWADA-CUM-VICE- CHAIRMAN DISTRICT PANCHAYAT SEWAK SELECTION COMMITTEE, NAWADA 7. THE DISTRICT PANCHAYAT OFFICER, WEST CHAMPARAN, NAWADA-CUM-MEMBER SECRETARY DISTRICT PANCHAYAT SEWAK SELECTION COMMITTEE, NAWADA 8. THE CHAIRMAN/SECRETARY, BIHAR STATE STAFF SELECTION COMMISSION P.O.- VETENARY COLLEGE, PATNA ----------- 2. 25.11.2009 Heard learned counsel for the petitioners and the State. The petitioners seek quashing of the decision of the District Panchayat Sewak Selection Committee dated 21.4.2009 under the pen of the District Magistrate when it is contended that despite availability of 56 vacancies no posts were earmarked for the general category and in absence of approval of the roster, the petitioner name has not been considered for the post of Panchayat Secretary from that of Dalpati. 2 Learned counsel submits that this Court in C.W.J.C. No. 5269 of 2002 and analogous writ applications which includes that of the petitioners (C.W.J.C. No. 1864 of 2005) noticed the stand of the respondents in light of certain subsequent policy guidelines for appointment on the post of Panchayat Sewak from that of Dalpati and directed consideration in accordance therewith. Notwithstanding the same, the order of the District Magistrate presently assailed has been passed. This Court is not persuaded to interfere in the matter at this stage in view of the recitals contained in the order dated 21.4.2009 itself. Simultaneously, for the reason of the same recitals, this Court is compelled to pronounce that the decision dated 21.4.2009 appears to be an act in frustration by the District Magistrate when the Commissioner failed to respond to the please of the District Magistrate for appropriate directions. The order recites that on 19.9.2008 the Commissioner, Magadh Division had been requested for appropriate direction in light of the order of this court referred to above. In absence of necessary directions forthcoming the District Magistrate proceeds to pass the order. Obviously what was weighing in the mind was the threat of a contempt proceeding for non-compliance of the orders of this Court. This litigation has been generated by administrative apathy. 3 This Court holds that the order dated 21.4.2009 cannot be implemented in its present form but only after the Commissioner issues necessary direction after examining the matter on the administrative side as requested by the District Magistrate. The order dated 21.4.2009 is accordingly set aside. The writ application stands allowed. Learned counsel for the State submits that the orders of this Court are to be complied forthwith notwithstanding that no time may be fixed. P. Kumar (Navin Sinha, J.)