IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6042 of 2007 THAKUR UDAY SHANKAR, S/O SRI GIRISH KUMAR THAKUR, R/O VILLAGE-HARPUR SINGHIA, P.S.-MUFFASIL, DISTRICT-SAMASTIPUR. ……………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH COMMISSIONER-CUM- SECRETARY, PRIMARY EDUCATION, GOVERNMENT OF BIHAR, NEW SECRETARIAT, BAILY ROAD, PATNA. 2. THE DISTRICT MAGISTRATE, SAMASTIPUR. 3. THE DISTRICT SUPERINTENDENT OF EDUCATION, SAMASTIPUR. 4. THE BLOCK DEVELOPMENT OFFICER, SARAI RANJAN, SAMASTIPUR. 5. MUKHIYA, MANIKPUR PANCHAYAT, P.S.-GHATHO, DISTRICT-SAMASTIPUR. 6. CHUNNA KUMAR SINGH, S/O RAM EKBAL SINGH, R/O VILLAGE-CHAK AHALEDAD, P.S.-GHATHO, DISTRICT- SAMASTIPUR. ……………………RESPONDENTS. FOR THE PETITIONER : MR. MITHILESH KR. UPADHYAYA, ADV. FOR THE STATE : MR. SANTOSH KR. SINGH, SC-22. ----------- 2 16.07.2009 Heard learned counsel for the petitioner and learned counsel for the State. This writ application has been filed by the petitioner for a direction to the respondents for his appointment on the post of Panchayat Teacher in Manikpur Panchayat of Sarai Ranjan Block in Samastipur District. The case of the petitioner is that pursuant to the advertisement he applied for his appointment as Panchayat Teacher and his name appeared in the final list also for such appointment, he was not appointed. He made enquiries and came to know that his degree of Intermediate from vocational course was not accepted as valid qualification. - 2 - It is submitted by learned counsel for the petitioner that it was not indicated in the advertisement that any distinction will be made between the holders of the Intermediate of general course and holder of the degree of vocational course. In such a situation petitioner has filed this writ application for the aforesaid direction. Learned counsel for the petitioner submits that this question has already been decided by a Division Bench of this Court as well as by learned single Judges in different cases. He has produced two such orders before this Court. He submits that the case of the petitioner is squarely covered by the said orders. He has also produced an order of the Government contained in Memo No. 3335 dated 09.09.2008 in which it has been held that Intermediate degree from vocational courses shall be accepted as valid qualification for appointment of Panchayat Teacher, Prakhand Teacher and Nagar Shikshak. Learned counsel for the respondents does not distinguish the said orders on fact situation or on law. - 3 - In the circumstances, this writ application is disposed of with liberty to the petitioner to file a representation before the Collector, Samastipur, within one month, enclosing the orders of this Court deciding the issue as well as relevant orders of the Government. In case such a representation is filed by the petitioner, the respondent- Collector shall look into the orders of this Court already passed on the issue and shall examine as to whether the same squarely applies to the fact situation of the case of the petitioner. If he finds that it does apply, he shall take a decision in the matter of appointment of the petitioner in accordance with law. However, in case he finds any legal and valid ground for distinguishing the case of the petitioner, he shall pass specific orders assigning specific reasons and communicate the same to the petitioner. The entire exercise must be completed and final orders either way must be passed within three months from the date of filing of the representation. It is made clear that this Court has not expressed any opinion with regard to the merits - 4 - of the claim of the petitioner which has to be decided independently by the respondent- Collector on its own merits and strictly in accordance with law and the law laid down by this Court. Arvind/ (J. N. Singh, J.)