IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16531 of 2011 Dhananjay Singh @ Dhananjay Kumar Singh, son of Shyam Narayan Singh, Resident of village-More, PS-Bhagwanpur Hat, District-Siwan. …….Petitioner Versus 1. The State Of Bihar. 2. The Principal Secretary, Department of Human Resources, New Secretariat, Bihar, Patna. 3. The Director, Primary Education, New Secretariat, Bihar, Patna. 4. The D.S.E., Siwan. 5. The Block Education Extension Officer, Bhagwanpur Hat, Siwan. 6. Gram Panchayat Raj Mora, Bhagwanpur Hat, Siwan, through its Secretary. 7. The Mukhiya, Gram Panchayat Raj Mora, Bhagwanpur Hat, Siwan. 8. The Panchayat Secretary, Gram Panchayat Raj Mora, Bhagwanpur Hat, Siwan. 9. Dhananjay Kumar Singh, son of Sheo Pujan Singh, resident of village Mora, PS-Bhagwanpur Hat, Siwan…………..Respondents For the petitioner : Mr. Sanjay Kumar, Adv. For the State : Mr. Mohini Kumari, AC to SC-14 ----------- 2. 26.9.2011 Heard the parties. The petitioner in this writ petition has challenged the order dated 2.7.2010 communicated through memo No. 718 dated 2.7.2010 issued under the signature of Member of District Teachers Employment Appellate Authorities, Siwan whereby and whereby the appointment of one Ramesh Kumar Sah, son of Asharfi Sah, has been cancelled and the Appellate Authority has given direction to appoint one Dhananjay Kumar Singh son of Sri Sheo Pujan Singh, resident of village-Mora, P.S.-Bhagwanpur Hat, Siwan, respondent No. 9, against the vacant post of Panchayat Teacher. He has further made a prayer for issuance of consequential writ in the nature of mandamus commanding the respondent authority to appoint the petitioner against the vacant post of the Panchayat Teacher. 2 In this case, one Dhananjay Kumar Singh son of Sri Sheo Pujan Singh, respondent No. 9 has challenged the appointment of one Ramesh Kumar Sah to the post of Panchayat Teacher in Mora Gram Panchayat. He has further raised a question that Ramesh Kumar Sah has obtained 56.89% marks but he has obtained 60.79 marks and also participated in the counselling even though he has higher marks than Ramesh Kumar Sah who has obtained 56.89% marks but he has produced a fake certificate where it has been mentioned that Ramesh Kumar Sah has obtained 70.22% marks. He has challenged the authenticity of the marks-sheet which was submitted by Ramesh Kumar Sah. The Appellate Authority had called upon both the sides to file their respective affidavit. Dhananjay Kumar Singh son of Sheo Pujan Singh had filed his affidavit and authenticated the submission of his marks-sheet whereas Ramesh Kumar Sah failed to file the affidavit in support of submission of his marks-sheet. The Appellate Authority having considered the contention of both the sides, has come to the conclusion that Dhananjay Kumar Singh son of Sheo Pujan Singh has higher marks than Ramesh Kumar Sah and thereby quashed the appointment of Ramesh Kumar Sah and issued a direction for the appointment of Dhananjay Kumar Singh son of Sheo Pujan Singh as a Panchayat Teacher of Mora Gram Panchayat. This writ petition has been filed by one Dhananjay Kumar @ Dhananjay Kumar Singh son of Shyam Narayan Singh of the same village stating that he has challenged the order passed by the Appellate Authority whereby Dhananjay Kumar @ Dhananjay Kumar Singh has 3 been ordered to be appointed to the said post. He has further stated that the said Dhananjay Kumar Singh, did not participate in the counselling whereas it is the petitioner who had participated in the counselling and his name finds place at serial No. 37 and thereafter on that basis a final merit list was prepared wherein the name of the petitioner was at serial no. 15 whereas one Ramesh Kumar Sah was at Sl. No. 8 whose appointed was cancelled by the Appellate Authority. It has also been stated by the petitioner that it is the petitioner who ought to have been directed to be appointed on the said post of Panchayat Teacher. It is relevant to state that present petitioner Dhananjay Kumar Singh did not participate while the proceeding was pending before the Appellate Authority though he filed one application dated 25.7.2011 before the Appellate Authority, has drawn the attention about the factual mistake committed by the said Authority but the Appellate Authority rightly did not take cognizance as this application has been filed after the disposal of appeal. It has been brought to the notice of this Court Ramesh Kumar Sah has also challenged the order passed by the Appellate Authority i.e. annexure-2 in C.W.J.C. No. 11653/2010 which is pending for consideration before this Court. It is not possible for this Court to adjudicate the fact, as to who is the real Dhananjay Kumar Singh who participated in the counselling and whose name is at Sl. No. 15 in the final selection list. These are questions of facts it is not possible for the Writ Court to adjudicate this questions of fact. 4 This Court gives a liberty to the present petitioner to file his independent case before the Appellate Authority bringing those facts which he has stated in the writ petition arraying Dhananjay Kumar Singh son of Shivpujan Singh and Ramesh Kumar Singh including the authority of the Panchayat. The Appellate Authority will go into the question of facts which would be raised by the writ petitioner and decide the same. Accordingly, this writ petition is disposed of with the aforesaid direction and observation. The petitioner will file a limitation petition giving grounds for condonation of delay and the same should be looked by the Authority in accordance with law. Mkc/ (Shivaji Pandey, J.)