IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11891 of 2009 MUNNI DEVI . Versus THE STATE OF BIHAR & ORS . ----------- 2 13.11.2009 Heard Counsel for the petitioner and the counsel appearing for the State. Petitioner is the Secretary of Prakhand Shikshak Niyojan Ekai, Raghopur, Vaishali.. This application has been filed for quashing the order contained in memo no. 888 dated 10.7.2009 passed in Case No. 77 of 2009 by the District Education Employment Appellate Authority, Vaishali, whereby a direction has been issued to the Prakhand Shikshak Niyojan Ekai, Raghopur, Vaishali for providing opportunity of counselling to 48 such candidates, who missed the counselling on 24.1.2009 because some disturbance was created at the initial stage of the counselling by some anti- social elements. Complaint was made by one Saroj Kumari to the District Education Employment Appellate Authority, Vaishali on 27.1.2009 and similar complaints were also made by others. The impugned order has been passed as evidence came before the Appellate Authority that at the time of counselling some disturbance was created due to which several female 2 candidates as well as other candidates remain deprived of participating in the counselling. Counsel appearing for the petitioner assailing the impugned order has submitted that now a days it has become practice that false complaints are filed by the applicants as on the same date counselling are being conducted in different panchayats. Persons, who participated in one panchyat are unable to participate in another Panchayat, though they are applicants there also just to find out a solution, to meet this difficulty, they usually file a complaint, making some allegations, without disclosing their participation on the same date in the counselling process at some other Panchayat. In the present case no such inquiry has been conducted by the Appellate Authority on this point. However, it is apparent that some disturbances were created by anti-social elements on 24.1.2009 at the initial stage of the counselling, as such there is possibility that some of the candidates might have been deprived from participating in the counselling, the Appellate order, as such needs no interference. The Prakhand Shikshak Niyojan Ekai, Raghopur, Vaishali will fix a date for participation of 48 candidates in counselling but it is made clear that all 3 such candidates will have to make declaration on affidavit that on 24.1.2009 they have not participated in counselling for teachers appointment before any other Prakhand Shikshak/Panchayat Shikshak Niyojan Ekai,. In case they have participated on that date at any other place even in case they have higher marks, they will not be considered for appointment. Accordingly, the writ application stands disposed of. (Mridula Mishra,J.) A.kumar