IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.773 of 2009 PRADEEP KUMAR JHA S/O VIVEKANAND JHA, R/O VILLAGE-& P.O- HABIDIH, P.S.- BAHERI, DISTRICT- DARBHANGA ………………….APPPELLANTS Versus 1. THE STATE OF BIHAR THROUGH COMMISSIONER CUM SECRETARY, HUMAN RESOURCES DEVELOPMENT, GOVT. OF BIHAR, PATNA 2. THE DISTRICT MAGISTRTE, DARBHANGA 3. THE DISTRICT SUPERINTENDENT OF EDUCATION, DARBHANGA 4. BLOCK DEVELOPMENT OFFICER, BAHERI, DISTRICT- DARBHANGA 5. BLOCK EDUCATION EXTENSION OFFICER, BAHERI, DISTRICT- DARBHANGA 6. BAJARANGI YADAV, MUKHIYA GRAM PANCHAYAT RAJ, HABIDIH (MIDDLE) PRAKHAND BAHERI, P.P.- HABIDIH, DISTRICT- DARBHANGA 7. SHAMBU PRASAD SINGH S/O RAM SEWAK SINGH, R/O VILLGE & P.O. – MATHARAHI, P.S.- BAHERI, DISTRICT-DARBHANGA 8. MUKESH KUMAR RAI, S/O SHRI SURENDRA NATH, VILLAGE & P.O.- HABIDIH,P.S.- BAHERI, DISTRICT- DARBHANGA 9. AJAY KUMAR RAI S/O HEMCHANDRA RAI, VILLAGE & P.O.- HABIDIH, P.S.- BAHERI, DISTRICT- DARBHANGA ………………………..RESPONDENTS ----------- For the Appellant :- Mr. Dinesh Kumar Singh, Sr. Adv. Mr. Shambhu Nath Jha, Advocate For the State :- Mr. Amaresh Kumar Sinha AC to G.P.-15 ---------------------- 5 04/11/2009 Heard learned counsel for the appellant, learned counsel for the State and perused the order under appeal dated 24.4.2009 passed in C.W.J.C. No. 5209 of 2009 whereby the learned writ court has dismissed the writ petition of the appellant on the basis of report of the statutory authority dated 26.7.2008 which showed large scale irregularities in the appointment made on the post of Shiksha Mitra. Subsequently Shiksha Mitra were absorbed as Panchayat Shikshak. 2 On behalf of appellant it has been submitted that according to the report noticed above, some other persons were also irregularly appointed but such persons i.e. respondent nos. 8 and 9 are still continuing in service. It was further submitted that in fact, the order of the District Magistrate, Darbhanga dated 28.2.2009 contained in Annexure-13 shows that the District Magistrate/Collector, Darbhanga has made a distinction between appointments made of the persons who had the highest marks but who were shown not to have produced relevant certificates and between the appointments of the appellant who had lesser marks and had been appointed on the ground that persons having higher marks to this appellant had not turned up for joining the post. The approach of the writ court is that even if some persons wrongly appointed are continuing in service, that cannot be a ground to allow the appellant to continue in service illegally and in that view of the matter a direction has been given to the Commissioner-cum- Secretary, Human Resources Development, Department to ensure that the report of the statutory authority dated 26.7.2008 is implemented strictly so that the government funds are not wasted. We find no good grounds to interfere with the 3 order of the writ court. This appeal is therefore, dismissed. We would also like to clarify that if on the basis of the report dated 26.7.2008 and the order of the District Magistrate/Collector, Darbhanga contained in Annexure- 13 it is found that some persons have been illegally selected or appointed and are continuing in service then action in such matters must be taken in accordance with law without any delay, preferably within three months from the date of production/communication of this order. (Shiva Kirti Singh, ACJ.) (Shyam Kishore Sharma, J.) avin