IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1775 of 2011 AHILYA KUMARI, daughter of Sri Ram Uchit Sahani, resident of village – Damodarpur, P.O. Pasopur, P.S. Bhagwanpur, District- Begusarai. Versus 1. THE STATE OF BIHAR through the Principal Secretary, Panchayati Raj Department, Govt. of Bihar, Patna. 2. The Principal Secretary, Panchayati Raj Department, Govt. of Bihar, Old Secretariat, Patna. 3. The District Magistrate, Begusarai. 4. District Superintendent of Education, Begusarai. 5. Block Education Extension Officer, Bhagwanpur Block, District- Begusarai. 6. Block Development Officer, Bhagwanpur Block, District – Begusarai. 7. Gram Panchayat Raj, Damodarpur through Panchayat Secretary, Damodarpur, P.S. Bhagwanpur, District – Begusarai. 8. Panchayat Secretary, Gram Panchayat Raj, Damodarpur, P.S.Bhagwanpur, District – Begusarai. 9. Mukhiya, Gram Panchayat Raj, Damodarpur, P.S. Bhagwanpur, District-Begusarai. 10. Sudha Kumari, wife of Bipin Singh, daughter of Ram Udgar Ram, resident of village & P.O. Mahna via Barauni, District – Begusarai. 11. Member, District Teachers Employment Appellate Authority, Begusarai. ----------- 02. 14.2.2011 Having heard learned counsel for the petitioner and learned counsel for the State, the findings are too glaring which have been recorded by the District Teachers Employment Appellate Authority, Begusarai to warrant any interference on the submissions of the counsel that there is no clear evidence which has emerged that there was failure to give notice to the private respondent on the counselling which was carried out for appointment. What has emerged is not only in the findings recorded by the appellate authority but also in the enquiry conducted by the Block Development Officer that the present petitioner having 47.67 per cent marks was appointed on the pretext that no body turned up for employment in four rounds of counselling and that is 2 the reason why merit had to be given a go-by and private respondent despite having 59.22 per cent marks had to be ignored. The said pattern emerges in most of the litigations by which information about the counselling is never given to the candidates and later on innovation is made to accommodate people who themselves are beneficiaries, for whatever be the reasons or transactions behind the appointment. Wrong doing in the appointment has also been found by the Block Development Officer concerned and recommendation has been made against the Panchayat Secretary for taking action against him. The writ application is dismissed with a direction to the District Magistrate, Begusarai that he shall personally ensure that a charge sheet is drawn up against the concerned Panchayat Secretary if it is already not done earlier, who, I believe, is now posted at Mansurchak and the departmental proceeding is concluded at the earliest and if found guilty he should be suitably dealt with in accordance with law. The writ application is dismissed with above direction. Let a copy of this order be communicated to the District Magistrate, Begusarai. rkp ( Ajay Kumar Tripathi, J.)