IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5922 of 2008 Shiv Shankar Choudhary, son of late Sukhnandan Choudhary, R/o Village Babu Ka Bahuara, P.O. & P.S. Kachula, District Rohtas……………………………………………………………………...Petitioner Versus 1. The State Of Bihar. 2. Commissioner – cum - Secretary, Human Development Resources Department, Bihar. 3. Collector, Kaimur. 4. Deputy Development Commissioner, Kaimur 5. District Superintendent of Education, Kaimur 6. S.D.O. Kaimur. 7. Block Development Officer, Nuaon, Kaimur. 8. Block Education Officer, Nuaon, Kaimur 9. Mukhia, Gram Panchayat Raj Dumduma, P.S. Kudhni, District Kaimur. 10. Panchayat Sachiv, Gram Panchayat Raj Dumduma, P.S. Kudhni, District Kaimur. 11. Badri Narayan Sharma, S/o Late Ram Rup Sharma, Resident of Village Babu Ka Bahuara, P.O. & P.S. Kuchila, District Rohtas (Sasaram)……………………………………………….……………Respondents ----------- 3 25.07.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. The submission of the learned counsel for the petitioner is that in spite of the order of the District Superintendent of Education, Bhabua (Kaimur) dated 27.09.2007, as contained in Annexure-3, Panchayat Secretary and Mukhiya are not complying with the same and they have not corrected the merit list and have not made appointment on the basis of the corrected 2 merit list. Learned counsel refers to an application of petitioner filed before the Collector, Kaimur, as contained in Annexure-4, and submits that the petitioner has already complained before the Collector in the matter. He submits that the Collector has not taken any action on the same. If the orders of the higher authorities are not complied by the Panchayat Secretary or other authorities, it is the higher authority which has to take appropriate action against them and to see to it that his orders are complied with in letter and spirit. The matter has already been placed before the Collector by the petitioner by his application dated 26.11.2007 as contained in Annexure-4. In the circumstances, this Court directs the Collector, Kaimur at Bhabua to look into the complaint of the petitioner and to get necessary enquiry held from the original records as to in what manner his earlier order issued through the letter of the District Superintendent of Education 3 was complied. If he finds that in spite of the order, the same has not been complied, he shall consider for taking appropriate action against the Panchayat Secretary and Mukhiya in accordance with law and see to it that orders are complied with in letter and spirit at an early date preferably within three months. The writ application is disposed of with the aforesaid observations and directions. BT (J. N. Singh, J.)