IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6036 of 2008 Ram Narayan Prasad, son of Sri Kashi Lal Sah, resident of Village Tumkaria, Post Office Rajpur, Police Station Shikarpur, District West Champaran (Bettiah)……………………….Petitioner Versus 1. The State Of Bihar through the Chief Secretary, Bihar, Patna. 2. The Principal Secretary, Human Resources Development, Bihar, Patna. 3. The Director, Primary Education, Bihar, Patna. 4. The District Magistrate, West Champaran at Bettiah. 5. The District Superintendent of Education, West Champaran at Bettiah…………………Respondents ----------- 3 25.07.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. From Annexure-3 which is dated 02.08.2002 it appears that Bihar Public Service Commission (in short, ‘the Commission’) has recommended the name of the petitioner for appointment on the post of primary teacher in a school. The recommendation was not acted upon and, therefore, the petitioner has filed this writ application in 2008 for a direction to the respondent-authorities of the Government to appoint him, as per recommendation of the Commission. It is a matter of common knowledge 2 that after 2002, Recruitment Rules for appointment on the post of teachers in the schools have been changed and all the schools have been placed under control of the Panchayats and the Panchayats have been vested with the power to appoint teachers in the schools. Therefore, petitioner cannot be appointed as teacher in a Primary School now and under Rules 2008 it is the concerned Panchayat which can issue orders for appointment. Learned counsel for the petitioner refers to Annexure-6, a letter of the Deputy Secretary of the Commission to the District Magistrate, West Champaran, Bettiah, from which it appears that permission of Commission has been sought for in 2008 for appointment of teachers to which Commission has replied that there is no provision for such permission as the Commission has already recommended names of the candidates. When the name of the petitioner was recommended, it was the State authority which had to consider the same and appoint petitioner as per prevailing law. If law 3 had been changed, appointment in the primary schools had to be made by the Panchayat and the name of the petitioner had to be referred to the concerned Panchayat for consideration and appointment. Annexure-6 shows that the matter is pending with the Collector, West Champaran, Bettiah. In the circumstances, the Collector West Champaran, Bettiah is directed to act upon the recommendation of the Commission in respect of name of petitioner and take steps, as required under law, for his appointment in accordance with law in the light of the recommendation of the Commission. He must take action and ensure that final order for the purpose is passed within three months from the date of receipt/production of a copy of this order. The writ application is disposed of with the aforesaid observations and directions. BT (J. N. Singh, J.)