IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2408 of 2010 1. AMARENDRA KUMAR THAKUR S/O SRI RAM BADAN THAKUR R/O VILL BIRAULI,P.S.PUSA,DISTT-SAMASTIPUR Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY,(SECONDARY EDUCATION),HUMAN RESOURCES DEVELOPMENT DEPARTMENT GOVT.OF BIHAR,PATNA 2. THE DIRECTOR (SECONDARY EDUCATION),HUMAN RESOURCES DEVELOPMENT DEPARTMENT GOVT.OF BIHAR,PATNA 3. THE DISTRICT MAGISTRATE -CUM-DISTRICT OFFICER DARBHANGA 4. THE DISTRICT EDUCATION OFFICER DARBHANGA 5. THE CHAIRMAN ,ZILA PARISHAD ,DARBHANGA- CUM-CHAIRMAN,SECONDARY TEACHER EMPLOYMENT COMMITTEE DARBHANGA ----------- 2 06/12/2010 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner was duly selected on the post of Assistant Physical Teacher in Zila Parishad, Darbhanga. This selection was made after following the procedure laid down therein but his appointment never came to be made for the reason that the concerned authority, who happened to be the District Education Officer, Darbhanga, could never produce the original certificates - 2 - which had been tendered by the petitioner for verification before the authorities before the appointment order could be issued in his favour. Failure on the part of the authorities culminated into non-appointment of the petitioner which compelled him to go before the District Appellate Authority. Decision rendered by the District Teacher Employment Appellate Authority dated 21/05/2009 has been annexed as annexure-2 to this writ application. After considering all the facts and documents, the Appellate Authority categorically directed the District Education Officer, Darbhanga to ensure appointment of petitioner on the post but since even this order was not implemented, present writ application has been filed. In the counter affidavit filed on behalf of respondent nos. 4 and 5 the State took a stand that since there was failure on the part of petitioner to produce original certificates for verification, his appointment could not be made. However, if there is clear averment and findings given by the District Teachers Employment Appellate Authority that original certificates were in custody of the Block Education Extension Officer, - 3 - Kalyanpur and he was initially directed to produce the same before the authority but there was a mistake in the communication that instead of Kalyanpur, letter was addressed to Hanuman Nagar and that delayed the matter. Allowing the respondents to take advantage of their own wrong would not only be unfair but un- equitable as well. Whatever stand has been taken by the respondents, now that cannot be permitted or allowed in the above stated circumstance. Findings of the appellate body created by the Circular of the State are that on due verification of the record, in the above circumstance, an order has been passed in favour of the petitioner which cannot be said to be erroneous in any manner. This writ application is allowed with a direction upon the District Education Officer, Darbhanga (respondent no. 4) to ensure that necessary appointment letter is issued in favour of the petitioner because subsequent development will not come in the way of the right which has accrued in favour of the petitioner and a finding in this regard has been given by the Appellate Authority in favour of the petitioner. The Court expects issuance of letter concerned to the petitioner within a - 4 - period of two months from the date of communication or production of a copy of this order. This writ application stands allowed. AMIN/ (Ajay Kumar Tripathi, J.)