IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8160 of 2004 1. DILIP KUMAR SHARMA, son of Sri Rajendra Prasad Sharma, resident of Mohalla Kakta Takiya, P.O. & P.S. Naugachia, District Bhagalpur 2. Jai Prakash Mandal, son of Sukdeo Mandal, resident of village Phulkiya, P.S. Gopalpur, District Bhagalpur … Petitioners Versus 1. THE STATE OF BIHAR 2. The Chief Secretary, Govt. of Bihar, Patna 3. The Secretary, Secondary Education, Govt. of Bihar, Patna 4. Director Secondary Education, Govt. of Bihar, Patna 5. The Secretary, Vidyalaya Seva Board, 6th Floor Biscomaun Tower, West Gandhi Maidan, Patna … Respondents with CWJC No.8872 of 2003 1. PRITI KUMARI, D/o Ghanshyam Prasad, resident of Kannu Lal Road, Kannu Lal Road Campus, Mithapur, P.S. Mithapur, District Patna 2. Kaleshwar Mandal, son of Ajit Lal Mandal, resident of village Rajpur, P.S. Tharbhittha, District Supaul 3. Shiwa Prasad Ram, son of Pujan Ram, resident of village Rampur, P.O. Sadokhar, Via Chenari, District Rohtas 4. Lallan Kumar Mishra, son of Prem Chandra Mishra, resident of village Dhanaulli, Via Anandpur, District Darbhanga … Petitioners Versus 1. THE STATE OF BIHAR through the Secretary, Department of Secondary Education, Bihar, Patna 2. The Commissioner cum Secretary, Department of Secondary Education, Bihar, Patna 3. The Director, Secondary Education, Govt. of Bihar, Patna 4. The Vidyalaya Seva Board, through its Secretary, Bishweshwaraiya Bhawan, 6th Floor, Bailey Road, Patna … Respondents ----------- 4. 3.9.2010 Mr. Sharda Nand Jha, learned 2 counsel for the petitioners, submits that petitioner no.1 of C.W.J.C.No. 8160/2004 has died during the pendency of this writ application and therefore, his name may be deleted. Considering the fact that the right to sue in respect of the relief claimed in this writ application would not survive, this application so far it relates to petitioner no.1 will be deemed to have abated. The relief of the sole petitioner now left in this writ application, C.W.J.C.No. 8160/2004 and those of the petitioners in C.W.J.C.No. 9972/2003 being one and the same, they have been heard together and are being disposed of by this common order. In both the writ applications the petitioners have sought a direction for appointment on the post of Assistant Teacher in Economics. Counsel for the petitioners in both the cases would submit that when the name of the petitioners were covered by the panel prepared and sent by Vidyalaya Seva Board in the year 2000 for the post of 3 teacher in Economics, the decision of the Government to return the panel on the ground of certain anomalies and irregularities with no further action on the part of the respondents would necessitate a similar direction as was issued by this Court in the case of Vijay Kumar & ors. vs. the State of Bihar & ors. and its analogous cases, reported in 2001(2) PLJR 110. Counsel for the petitioners in C.W.J.C.No. 8872/2003 in this respect has submitted that so far these petitioners are concerned, they are trained graduates and therefore, there was no difficulty in their appointment whereas the counsel for the petitioners in C.W.J.C.No. 8160/2004 would submit that the sole petitioner now left i.e. Jai Prakash Mandal is an untrained graduate. Counsel for the State in both the cases has submitted that after the panel sent by the Vidyalaya Seva Board for the post of Economics was found to be faulty for more than one reason including recommendation made from the untrained candidates and also not following the procedure for roaster and reservation, the 4 Government had not made appointment for such defective panel and therefore, the panel was returned back to the Vidyalaya Seva Board. It has also been pointed out that the Vidyalaya Seva Board has since been abolished and has been replaced by the Staff Selection Commission. In the affidavit by the Staff Selection Commission a plea has been taken that the necessary file sent to the Education Department has not been returned as yet and therefore, no decision has been taken for sending a fresh recommendation. Counsel for the State has also produced letter No. 717 dated 14th July, 2005 to show that the file in question bearing No. 1-2/2000 of Vidyalaya Seva Board in connection with the appointment of teachers in Economics subject which was received in the Education Department on 1st February, 2000 have been returned back to Staff Selection Commission on 21.5.2005. None of the parties are aware of the present position nor anyone of them have any instructions as to whether any appointment was made on the subject of teacher in Economics from the panel drawn by 5 the Vidyalaya Seva Board. In that view of the matter, both the writ applications are disposed of with a direction to the respondents State of Bihar and Staff Selection Commission to take a final decision as with regard to possibility of the petitioners being appointed on the post of teachers in the subject of Economics. The final decision in this respect must be taken by the State Government in consultation with the Staff Selection Commission within a period of three months from the date of receipt/ production of a copy of this order. (Mihir Kumar Jha,J.) Surendra/