IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6224 of 2011 AMIT KUMAR & ORS Versus THE STATE OF BIHAR & ORS ----------- 02. 18.04.2011 There are reasons galore why appellate authority has reached a conclusion that the appointment on the post of Panchayat teachers was not carried out in a fair and clear manner by the concerned respondents. Because of such arbitrary and illegal act many rightful claimants who otherwise had better marks and merit position could not be appointed. There is complete lack of fairness on the part of the Panchayat concerned because finding is that appointments have been made piecemeal. Total number of vacancies could not be filled up in one go and the people who turned up for counselling were turned away on one pretext or the other. There is also allegation that huge amount of money was demanded for accommodating the candidates on the post. Employment on a public post cannot be auctioned in the manner in which the Panchayat tried to do. Every citizen has a right to claim a fair consideration for appointment, to be made by any public body including a Panchayat. If the findings are there which show large scale irregularities, if not illegalities, then the only conclusion or direction required in such matter is a direction for fresh appointments to be made on the posts by following the procedure. 2 This is what has been done by the Appellate Authority, Nawadah. Counsel for the petitioners submits that petitioners were not given fair opportunity to place their case before the appellate authority. On a pointed question put to him as to what is the material which would indicate that the findings given by the appellate authority are erroneous, the counsel chooses to keep mum. If that be so, the only thing which can help the petitioners to regain their position is by participation in the fresh round of counselling or appointment where they too can join the process and cancellation of appointment of the petitioners will not come in their way of fresh consideration if they otherwise fulfil the requirement. No interference is required with the findings recorded by the appellate authority. The writ application is dismissed with liberty to the petitioners to participate in the fresh round of exercise to be carried out. rkp ( Ajay Kumar Tripathi, J.)