IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10638 of 2010 1. BIBHESH KUMAR, S/O SRI RAJDEO ARGARIA, R/O VILLAGE BAGHMARIA, P.S. LAUKAHA, DISTRICT- MADHUBANI-PETITIONER Versus 1. THE STATE OF BIHAR THROUGH HUMAN RESOURCES DEPARTMENT THROUGH PRINCIPAL SECRETARY,GOVT. OF BIHAR, PATNA. 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. THE DISTRICT MAGISTRATE, MADHUBANI. 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, MADHUBANI. 5. THE RAJ MADHOPUR GRAM PANCHAYAT THROUGH PANCHAYAT SECRETARY, BLOCK KHUTAUNA, P.S. LAUKAHA, DISTRICT- MADHUBANI. 6. THE PANCHAYAT SECRETARY RAJ MADHOPUR GRAM PANCHAYAT, BLOCK KHUTAUNA, P.S. LAUKAHA, DISTRICT- MADHUBANI. 7. THE CIVIL SURGEON CUM CHEIF MEDICAL OFFICER, MADHUBANI. 8. THE DISTRICT TEACHERS APPOINTMENT APPELLATE TRIBUNAL MADHUBANI THROUGH ITS MEMBER HAVING OFFICE AT MADHUBANI, P.S. MADHUBANI, DISTRICT-MADHUBANI. 9. RAMENDRA KUMAR, S/O SRI BASUDEO BHINDWAR, R/O VILLAGE JHANJHPATTI DOMANM, P.S. KHUTAUNA (LAUKAHA), DISTRICT- MADHUBANI---------------------RESPONDENTS ----------- 2 8.3.2011 Heard learned counsel for the parties. Petitioner has made out a case for interference with the decision of the District Teachers Employment Appellate Authority in the background which is going to be noted herein below in the rest part of the order. Earlier a batch of writ applications were filed which included the writ application filed on behalf of the present petitioner as well which was CWJC No. 4515 of 2007. This writ application was disposed by learned Single Judge on 18.5.2007 with a direction that the matter will be looked into by the District Magistrate and if necessary a medical board may be constituted to verify whether the so called degree of physical incapacity being claimed by the private respondent, namely, Ramendra Kumar was a fake and sham certificate. When no action was taken even a contempt application was filed which was disposed of on - 2 - 25.1.2010 reiterating the earlier decision. Since certain rules have been brought into effect by the State of Bihar with regard to dispute relating to appointment of Panchayat teachers, the District Magistrate, Madhubani thought in his wisdom that the matter now falls within the domain of District Teachers Employment Appellate Authority and he referred the matter to the appellate authority without constituting of a medical board for verification of the allegation made by the petitioner. The appellate authority after going through the matter expressed its inability to constitute a medical board and has gone by the opinion of the certificate issued earlier. In the normal course of things the District Teachers Employment Appellate Authority has no power to constitute a medical board but since there was clear direction of the High Court, more so directed to the District Magistrate, the District Magistrate ought to have constituted a medical board and forward the opinion thereof to the District Teachers Employment Appellate Authority for adjudication. But since there is failure at the level of the District Magistrate as well as the Appellate Authority, the Court is of the opinion that there is failure to carry out the order of the Court issued in the earlier litigation. In view of the same, the present writ application is disposed of with a direction upon the District Magistrate, Madhubani that he will get the medical board constituted as to what is the visual incapacity of the petitioner and the private - 3 - respondent and the opinion thereof will the forwarded to the District Teachers Employment Appellate Authority afresh. If the opinion of the medical board in any manner supports the case of the petitioner the earlier order of the appellate authority may require reconsideration. But if the opinion is otherwise then the present order which is annexure-6 passed by the appellate authority shall remain. It is made clear that the District Magistrate must carry out the direction this time without fail within a period of three months from the date of communication or production of a copy of this order. This writ application is disposed of with the above direction. RPS (Ajay Kumar Tripathi,J.)