IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14799 of 2008 AJAY KUMAR, S/o Kailash Pd. Yadav, R/o Village – Mahuawan, P.S. Amas, P.O. Sherghati, District – Gaya. ….. Petitioner. Versus 1. THE STATE OF BIHAR. 2. The Secretary, Human Resources Development Department, Bihar, Patna. 3. The District Magistrate, Gaya. 4. The District Superintendent of Education, Gaya. 5. The Block Education Extension Officer, Amas (Sherghati), Gaya. 6. The Block Development Officer, Amas (Sherghati), Gaya. 7. The Mukhia, Mahuawan Panchayat, Amas (Sherghati), Gaya. 8. The Panchayat Secretary, Mahuawan Panchayat, Amas (Sherghati), Gaya. 9. Kumari Lovely Dhananjay, W/o Parveen Kumar Dhananjay, R/o Sherghati, P.O. Sherghati, P.S. Sherghati, District – Gaya. …. Respondents. ----------- 02/ 12.11.2009 Heard counsel for the petitioner and counsel appearing for the State. Petitioner has prayed for a direction to the respondent Block Education Extension Officer, Amas (Sherghati), Gaya, Mukhiya, Mahuawan Panchayat, Amas (Sherghati), Gaya and the Panchayat Secretary, Mahuawan Panchayat, Amas (Sherghati), Gaya to issue appointment letter in his favour to the post of Panchayat teacher. Petitioner’s case is that he had applied for the post of Panchayat teacher in response to the advertisement. The application was filed by the petitioner for appointment on the post of Panchayat teacher in the backward category. In the merit list of backward category candidates petitioner’s - 2 - position was second. The first name was of Kumari Lovely. There was only one post as such she was appointed. However, during proper enquiry it was found that the certificate of Kumari Lovely are forged, as such an order of termination was issued and appointment of Kumari Lovely cancelled. Petitioner thereafter filed his application before the Block Education Extension Officer, Amas to appoint him immediately on the post reserved for backward category, as his name was second in the panel, and the post is now vacant. However, no order was passed by the B.E.O., Amas. The District Teachers Employment Appellate Tribunal, Gaya, had also passed an order declaring appointment of Kumari Lovely illegal and made on the basis of forged document. A direction had also been issued by the Tribunal to appoint the petitioner on the post, but till date nothing has been done. Considering these facts, this application is being disposed of directing the Block Education Extension Officer, Amas (Sherghati), Gaya to consider the case of the petitioner for appointment on the post of Panchayat teacher in the backward category, on the post earlier held by Kumari - 3 - Lovely. As per the petitioner’s claim his name was second in the panel and after termination of the first candidate he became entitled for appointment on the post of Panchayat teacher. The authorities will also consider this aspect that whether the vacant post has been included in the second phase of teachers’ employment, advertised under 2008 Rules. In case it has already been done, no direction can be issued for petitioner’s appointment. But in case post is still lying vacant, necessary order for appointment must be issued within three weeks from the date of the production/ communication of the order. This application is allowed. DKS/ (Mridula Mishra, J.)