Letters Patent Appeal No.1274 OF 2009 Against the order dated 29.07.2009 passed by the learned Single Judge in C.W.J.C. 12409 of 2005 and C.W.J.C. 13122 of 2005 respectively. -------------- 1. Nandjee Manjhi, son of Dharbharan Manjhi, resident of Parsauni, Manbodh parsouni, P.S. Barauli, District Gopalganj. 2. Shyamjeet Prasad, son of Mangal Prasad, resident of Village-Balua Tola, Maniyara, P.S. Yadavpur (Gopalganj), District-Gopalganj. 3. Sri Kashi Nath Yadav, S/o Sri Chandarma Yadav, resident of Village-Sareiya, Gopalganj, P.S. & District-Gopalganj. 4. Sahodar Baitha, son of Barsan Baitha, resident of Manikpur, P.S. Gopalganj, District-Gopalganj. 5. Manoj Kumar Manjhi, son of Ramjit Manjhi, resident of Village- Rikhai Tola, Thawe, P.S. Thawe (Gopalganj), District-Gopalganj. 6. Jailal Ram, son of Sri Budhan Ram, resident of Samaharta Niwas, P.S. Gopalganj, District-Gopalganj. 7. Paras Sah, son of Baburam Ram, resident of Village-Manikpur, P.S. Gopalganj, District-Gopalganj. 8. Bhagwat Singh, son of Sri Bhagrasan Singh, resident of Village-Salehpur, P.O. Ramjita, P.S. Bishwambharpur, District-Gopalganj. 9. Jagat Narain Manjhi, son of Mandeo Manjhi, resident of Harkhua, P.S. Gopalganj, District-Gopalganj. 10. Haricharan Prasad, son of Kanhaiya Prasad, resident of Village-Hajipur, Gopalganj, P.S. Gopalganj, District-Gopalganj. 11. Rajkumar Paswan, son of Mohit Paswan, resident of C/o Bachan Paswan, Assistant, D.R.D.A., Gopalganj, P.S. Gopalganj, District-Gopalganj. 12.Vilakshan Paswan, son of Mohit Paswan, resident of Malwia Nagar, Ward No. 5, P.S. Gopalganj, District-Gopalganj. 13.Abbas Ali, son of Sultan Mian, Resident of Village and P.O. Bhitbherwan, P.S. Gopalganj, District-Gopalganj. ……Appellants-Petitioners. Versus 1. The State of Bihar. 2. The Secretary, Personnel and Administrative Reforms Department, Government of Bihar, Patna. 3. The Collector, Gopalganj, District-Gopalganj. …..Respondents-Respondents. 1. Krishna Manjhi, son of Jaleshwar Manjhi, resident of Village-Bhojpurwa, P.S. Gopalganj, District-Gopalganj. 2. Sri Daroga Sah, son of Sri Keshwar Sah, resident of Village-Chitu Tola, P.S. Thawe Gopalganj, District-Gopalganj. 3. Geeta Kumari, D/o Awadhesh Ram, resident of Village-Karnpura, P.O. Manjhi Garh, P.S. Manjhagarh, District-Gopalganj. 2 4. Awadhesh kumar Ram, son of Sri Sukhi Ram, resident of Village- Karnpura, Manjhigarh, P.S. Manjhagarh, District-Gopalganj. 5. Brijnandan Prasad, son of Hiraman Prasad, resident of Village- Jalpurwa, Mogalbiraicha, P.S. Barauli, District-Gopalganj. 6. Gorakh Manjhee, son of Sri Julha Manjhi, resident of Village- Kaithwalia, P.S. Gopalganj, District-Gopalganj. 7. Ratan Kumar Pandit, son of Sri Bachcha Pandit, resident of Saraiya Kali Mandir, P.S. Gopalganj, District-Gopalganj. ……Petitioners-Respondents. with LPA No.1346 oF 2009 1. Satyendra Nath Tiwari, S/o Kasinath Tiwari, Vill+P.O. Repura, P.S. Mirganj, (O.P. Hathua) District-Gopalganj. 2. Sudama Nand Mishra, S/o Sri Kanaiha Mishra, Vill-Lushi, P.S. Uhakagaon, District-Gopalganj. 3. Harendra Ojha, S/o Rajnandan Ojha, Vill-Dhatiwana, P.S. Thawey, District-Gopalganj. 4. Nathuni Chaudhary, S/o Sri Chatti Chaudhary, Vill-Paithan Patti, P.S. Thawey, District-Gopalganj. 5. Meena devi, W/o Sri Bikrama Prsad, Vill-Janta Cinema Road, P.S.+ District-Gopalganj. 6. Umesh Tiwari, S/o Suryadeo Tiwary, Vill-Belwari Patti. A/P Sareya Ward No. 5, Jagat Nagar, P.S.+ Distt-Gopalganj. 7. Bhola Nath Pandey, S/o Sarvanand Pandey, Vill+P.O. Sukulwa Mani, Thawey, District-Gopalganj. 8. Md. Jalaluddin (Mistakbly Written as Md. Riyajuddin at Sl. No.73), S/o Md. Habib Mian, Vill-Jangaliya, Ward No. 9, P.S.+Distt-Gopalganj. 9. Satyanarayan Manjhi, S/o Sri Lakhan Manjhi, Vill-Narayanpur, Lachwar, P.S. Thawey, District-Gopalganj. 10. Premchandra Manjhi, S/o Sri Tapeshwar Manjhi, Vill-Gausiya, P.S. Manjhagarh, District-Gopalganj. 11. Shivnath Ram, S/o Sri nathuni Ram, Vill-Katgharwa, P.S. Yadopur, District-Gopalganj. 11. Satya Nand Rajak, S/o Sri Nathuni Ram, Vill-Katgharwa, P.S. Yadopur, District-Gopalganj. 12. Satya Nand Rajak, S/o Siyanand Baitha, Vill-Manikpur, P.S.+Distt. Gopalganj. 13. Janki Kumari, W/o Sri Dwarika Sah, Vill-Reotith, P.S. Baikunthpur Disttt-Gopalganj. 14.Ganga Bhagat, S/o Sri Laxman Bhagat, Vill-Pakri Srikant, Bathu Bajar, P.S. Fulwariya, District-Gopalganj. 15. Rita Devi, W/o Bhrigu Manjhi, Vill-Purani Chauk, P.S.+Distt.Gopalganj. 16. Kanti Devi, W/o Sunelal, Vill-Bishnu Sugar Mill, P.S.+Distt-Gopalganj. 3 17. Sri Krishna Ram, S/o Sri Raghuni Ram, Vill-Sultanpur, Bagahi Bazar, P.S. Kateya, District-Gopalganj. 18. Chandra Kishore Pandey, S/o Hari Narain Pandey, Vill+P.O. Semrahi, P.S. Yadopur, District-Gopalganjj. 19. Najare Imam, S/o Safdar Ali, Vill- Jangaliya Ward No.9, P.S.+Distt- Gopalganj. 20.Ishrail Mali, S/o Md. Husain Mian, Villl-Barka Kareya, P.S.Karwatahi, P.S. Kuchaikote, District-Gopalganj. 21.Chandra Bhushan Dwivedi, S/o Suresh Dubey, Vill-Rajokhar, P.O. Manikpur, P.S.+District-Gopalganj. 22. Sanjay Kumar Gupta, S/o Sri Amar Kumar Gupta, Vill-Purani Bazar, Bansrajpur, P.S. Ekma, Distt-Saran, C/o Sri Kumar Prasad, Civil Court, Gopalganj. 23. Mandeo Ram, S/o Sri Bhola Ram, Vill+ P.O. Khawajepur, P.S. Yadopur, District-Gopalganj. 24. Pannalal Prasad @ Pannal Sah, S/o Gorakh Bhagat, Vill-Hassanpur Mathiya, P.S. Sidhwaliya, Distt-Gopalganj. 25. Manoj Kumar Srivastava, S/o Sri Ganesh Prasad Srivastava, Vill-Harkhua, P.S.+Distt-Gopalganj. 26. Sudarshan Prasad Yadav @ Sudarshan Yadav, S/o Bijali Chaudhary, Vill.+P.O. Bangal Khar, P.S. Kuchaikote, District-Gopalganj. 27. Shambhu Prasad Baitha, S/o Siveshankar Baitha, Vill-Chhapiya Ward No. No. 12, P.S.+Distt-Gopalganj. 28. Md. Yunus, S/o Habibullah, Vill-Sareya Husi, P.S.+Distt.-Gopalganj. 29. Ramsuresh Majhi, S/o Jagmohan Manjhi, Vill-Khadahi Uttar Tola, P.S. Bhorey, District-Gopalganj. 30. Ashok Manjhi, S/o Sri Ramswaroop Manjhi, Tirbirawa Khas, P.O.+ P.S.+ Distt-Gopalganj. 31. Laxman Thakur, S/0 Bidya Thakur, Vill-Khaira Ajam Reotith, P.S.+Distt- Baikunthpur, District-Gopalganj. 32. Musmat Shanti Devi, W/o Sri Devendra Manjhi, Vill-Kabirpur Sidhwaliya, P.S. Sidhwaliya, District-Gopalganj. …..Appellants/Petitioners Versus 1. The State of Bihar. 2. The Commissioner, Saran Division. 3. Collector-cum-District Magistrate/Chairman, District-Establishment Committee, District-Gopalganj. 4. The Deputy Collector, Establishment, District-Gopalganj. 5. Suresh Ram, S/o Sri Ramayan Ram, Vill+P.O. Nechua Jalalpur,P.S. Kuchaikote, District-Gopalganj. 6. Mishri Ram, S/o Sri Uda Ram, Vill-Safapur Dharma Parsa, P.S.Manjhagarh, District-Gopalganj. 7. Mannu Ram, S/o Sri Mahendra Ram, Vill-Tirbirwa, P.S.+Distt-Gopalganj. 8. Smt.. Bhagmati Devi, W/o Khedaru Ram, Vill-Manikpur, P.S.+Distt. 4 Gopalganj. 9. Bairishtar Chaudhary, S/o Nabab Chaudhary, Vill- Mishrauli, P.S. Koiladeva, District-Gopalganj. 10. Nand Kishore Thakur, S/o Sri Dinanatha Thakur, Vill-Salehpur, Naya Tola, P.S. Hasanpur, Malliya, P.S. Mohammadpur, District-Gopalganj. 11. Dwarika Das, S/o Sri Baidnatha Das, Vill+P.O. Dahibhatta,P.S.Ubkagaon, District-Gopalganj. 12.Md. Umar, S/o Abdul Rahman, Vill-Jafar Tola,, P.S. Barauli, District-Gopalganj. ………Respondents. For the Petitioner/Appellant :- Mr. Rajendra Pd. Singh,Sr.Advocate. Mr. Rajeev Kr. Singh, Advocate. Mr. Navar Kishore Singh, Advocate. Mr. Onkar Kumar, Advocate. For the State :- Mr. S. K. Gupta, A.A.G.2. Mr. Rajesh Kr. Singh, A.C. to A.A.G.2. For the Intervenors (I.A. No. 6950/09) :- Mr. Y.V. Giri, Sr. Advocate. Mr. Rajkishore Prasad, Advocate. Mr. Tej Bahadur Roy, Advocate. For the Intervenor (I.A. No. 657/10) :- Jitendra Kr Shrivastava, Advocate. P R E S E N T THE HON'BLE MR. JUSTICE SHIVA KIRTI SINGH THE HON'BLE MR. JUSTICE BIRENDRA PRASAD VERMA Shiva Kirti Singh & B.P.Verma,JJ. Heard learned counsel for the appellants, learned counsel for the State and learned counsel appearing on behalf of Intervenors. Both these Letters Patent Appeals arise out of a common judgment and order dated 29. 07. 2009. 5 The writ Court has disposed of several writ petitions, in effect allowing the prayer made by the petitioners of C.W.J.C. No. 10444/05. On the basis of admissions made by the Respondent- Authorities in their counter affidavit, particularly in paragraphs 8 and 9 of the supplementary counter affidavit, the writ Court held that the process of preparing the select list or the penal which was appended as Annexure-5 to the aforesaid writ petition, suffered from errors and violated the norms of appointment, particularly, those relating to age. The Writ Court also held that the authorities were labouring under misconception and in the facts of the case, Sub Section (6) of Section 4 of the Bihar Reservation of Vacancies in Posts and Services ( for Scheduled Caste, Scheduled Tribes and Backward Class) Act, 1981, had no application to the transaction in question. On the basis of facts and averments in the counter affidavit/supplementary counter affidavit of the Respondent-Authorities, the Writ Court had no option but to direct the Collector, Gopalganj, to prepare a fresh panel in the light of the 6 advertisement dated 14. 06. 2001, relating to 158 vacancies in Class IV posts as per norms of selection, terms of advertisement and length of engagement rendered by the applicants in the Collectorate, its attached offices including Government Schools and Hospitals within the District of Gopalganj. Learned counsel for the appellants has submitted that in earlier proceedings before this Court, the then Collector, Gopalganj, had taken the stand that the panel prepared by him was an appropriate penal on the basis whereof appointment should be made and hence, the subsequent occupant of the post of Collector, Gopalganj, can not be permitted to take contrary stand nor this Court should entertain such a stand. This submission was advanced before the Writ Court also and rightly rejected. In exercise of writ jurisdiction, the Writ Court can not allow the illegalities to be perpetuated and insist that the authorities should make appointment on the basis of a panel which was not prepared in accordance with rules and norms. 7 Another apprehension has been expressed on behalf of the appellants that successive Collectors are likely to act in similar fashion and frustrate the selection and appointment process by blaming their predecessors and panel prepared by them. In respect of such apprehension, no decision is required, but we would like to point out to the authorities that in paragraph 6 of the order under appeal, the Writ Court has emphasised that fresh panel shall be prepared by the Collector, Gopalganj, keeping in view all the norms and rules. We would like to add that in respect of panel which is to be prepared, the present Collector, Gopalganj, shall have to bear full responsibility to ensure that the terms of advertisement and the norms for selection laid down by the Government under circulars or rules are strictly observed. He must take all the requisite precaution, so that in case, there arises any occasion to challenge the selection, such challenge should not succeed on the basis of admitted lapses in selection. Challenge to selection of any individual would, of course, be a different matter. In case of violation of observation 8 made above, the Collector, Gopalganj, may be held personally liable for violating the order of this Court. Having considered all the submissions and arguments of the parties, we find that the Writ Court has taken a proper view of entire facts and law and the order under appeal requires no interference. Hence, these appeals are dismissed. However, we would like to make an observation for the guidance of the Collector, Gopalganj, that in case, the persons who were earlier appointed or likely to be appointed whether appointment letters were issued or not, if they are not included in the fresh panel on account of ineligibility for any reason then such persons must be communicated with the reasons, in brief, for their non-inclusion in the panel. This observation is only to ensure fairness in the selection process. Patna High Court, The 18th February, 2010 N.A.F.R./m.p. (Shiva Kirti Singh, J.) (Birendra Prasad Verma,J.)