IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5772 of 2008 Lalita Devi wife of Shivnath Prasad, R.O.V and P.O. Ghosaut, P.s. Sivaipatti, Dist Muzaffarpur. Versus 1. The State Of Bihar. 2. The Secretary, Panchayat Raj, Bihar, Patna. 3. The Director, Panchayati Raj, Bihar, Patna. 4. The District Magistrate, Muzaffarpur. 5. The District Panchayat Raj Officer, Muzaffapru. 6. The Subdivisional Officer, Muzaffarpur West, 7. The Block Development Officer, Minapur, Dist-Muzaffapru. 8. The Serpanch, Grampanchayat Ghosaut, P.S. Sivaipatti, Dist- Muzaffarpur. 9. Rambha Kumari wife of Arun Kumar Jha, R.O.V and P.O. Ghosaut,P.s. Sivaipatti, Dist-Muzaffarpur. ----------- 2 13.05.2011 The petitioner Lalita Devi claims that she may be appointed on the post of Gram Kutchary, Sachiv. A selection took place in which the petitioner was at serial No. 3. It is stated by the petitioner that the candidates at serial No. 1 and 2 did not bring the attested copy of the certificates at the time of filling of the application as well as the time of the counseling, as a result of which the respondent No. 8 sought instructions from the Block Development Officer, and advised the Serpanch that since the candidates at serial No. 1 and 2 were not fulfilling the terms and conditions of the advertisement, the 3rd candidate who had produced all the documents, should be considered for the post. The Block Development Officer forwarded his opinion to the District Panchayat Officer, Muzaffarpur. The Block Development Officer addressed a letter dated 14.2.2008 (Annexure-6) to the District Panchayati Raj Officer, stating that the candidate at serial No.1 had produced all the certificates during counseling which were photocopies of the 2 original. It has been observed that it would be wrong to deprive a candidate from being appointed on the post Gram Kutchery Sachiv At present no appointment had been made because of the said letter dated 14.03.2008 stands in the way of the appointment. The petitioner had filed an application before the Sub-Divisional Officer, Muzaffarpur vide Annexuire-7, however, no order could be passed because of Annexure-8. Under the Bihar Gram Kuchahari Sachiv (Niyojan, Seva Sert Awm Kartabya) Niymabali, 2007, the Sub-Divisional Officer is entitled to consider the complaints filed against the appointment. At present no appointment has been made, since there is a conflict opinion of the Block Development Officer and the District Panchayat Raj Officer Muzaffarpur. This Court thinks it appropriate, that the matter should be referred to the Director Panchayati Raj, Bihar, Patna who will take a decision in the matter of appointment after considering the requirements of the advertisement and qualifications. The petitioner would be at liberty to file a representation along with relevant annexures and orders of this Court before the Director Panchayati Raj, Bihar, Patna who will dispose it of, after examining the records within a period of four months by giving a direction to the Serpanch to take steps for making appointment in accordance with the decision taken by him. This writ application is disposed of with the aforesaid directions. Prakash ( Sheema Ali Khan, J.)