IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4519 of 2010 1. KUMARI KANCHAN SINHA D/O SRI BISWANATH SINHA R/O VILL.- BHAVDEPUR WARD NO. 16, P.S. & DISTT.- SITAMARHI 2. MANOJ KUMAR PASWAN S/O RAMJI PASWAN R/O VILL.- NOEHA, P.S. BELA, DISTT.- SITAMARHI 3. SUSHIL KUMAR S/O SRI MAHESHWAR PRASAD YADAV R/O VILL.- CHAK MAHILA, P.S. & DISTT.- SITAMARHI 4. AJMAT ALI S/O MD. SADIQUE R/O VILLAGE & P.S. BELSAND, DISTT.- SITAMARHI 5. ABDUL SATTAR ANSARI S/O SHAH MOHAMMAD R/O VILL.- BELA MUSHHARNIA, P.S.- BELA, DISTT.- SITAMARHI Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER-CUM-SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, BIHAR, PATNA 3. BLOCK DEVELOPMENT OFFICER SURSAND, SITAMARHI 4. SUB DIVISIONAL OFFICER SITAMARHI 5. ZILA SHIKSHA NIYOJAN APPEALIYA PRADHIKAR SITAMARHI 6. SELECTION COMMITTEE THROUGH SECRETARY BLOCK SURSAND, DISTT.- SITAMARHI 7. MUKHIYA, GRAM PANCHAYAT KUMMA, P.S.- SURSAND, DISTT.- SITAMARHI 8. DISTRICT SUPERINTENDENT OF EDUCATION SITAMARHI ----------- For the petitioners : Mr. Shailendra Kumar Singh. For the State : Mr. Aditya Nath Pandey, AC to GA 5. -------- 02. 04.01.2011 There are clear and categorical findings recorded by the appellate authority that all had not been well in the manner in which the exercise for appointment of Panchayat Teachers was carried out. There are may infirmities which are talked about in the decision and corroborated in the findings given by the district authorities. There are too glaring by themselves and there is no occasion to interfere with those findings or allow the petitioner to continue on the post where selection was not carried out or done in terms of the rules. If the illegality and irregularity are so glaring then obviously the exercise will have to be re-carried out where the petitioners may have 2 opportunity to appear and take their chance. In fact, the Court is of the opinion that with the findings of the kind a case is made out for taking action against both the Panchayat Secretary as well as the Mukhiya concerned in accordance with law. In absence of any legal infirmity as such having been pointed out no interference is required. Writ is dismissed. rkp ( Ajay Kumar Tripathi, J.)