IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12035 of 2011 Umesh Prasad Yadav age 39 years son of late Surya Narayan Yadav resident of Chakka P.S. Manigachi P.O. Garaul, District- Darbangha. Versus 1. The State Of Bihar. 2. The District Magistrate, Darbangha. 3. The District Superintendent of Education, Darbangha. 4. The Regional Deputy Director Education, Darbangha. ----------- 2. 27.07.2011 Heard Mr. Sanjeev Kumar Mishra learned counsel appearing for the petitioner and Mr. Manikant Mishra learned G.P. 25 for the State. The petitioner has moved this Court for a direction to the respondents to consider his case for appointment to the post of Primary Teacher pursuant to the recommendation made by the Bihar Public Service Commission as was the requirement then. Though the recommendation appears to be of the year 1994, but perusal of Annexure-2 which is letter no. 956 by the Public Information Officer-cum-District Superintendent of Education, Darbhanga, it appears that pursuant to the verification of his age the District Education Establishment Committee, of which the District Magistrate is the Chairman, has to take a final decision on such plea of the petitioner. Upon hearing learned counsels for the parties, this Court feels it expedient to dispose off the writ petition with a direction to the District Magistrate in his 2 capacity as a Chairman of the District Teachers Establishment Committee to finally decide the matter with regard to the claim of the petitioner for appointment for the post of Primary Teacher in accordance with law. This Court is conscious that there is quite a long gap before the recommendation was made in favour of the petitioner but in view of the fact that the above mentioned letter no. 956 dated 29.1.2011 has been issued recently, which discloses that the matter is still pending for final decision, the respondents being State authorities are required to take a final decision in the matter one way or the other. It is made clear that this Court has not expressed any opinion with regard to the merits of the case and the District Magistrate in his capacity of Chairman, District Education Establishment Committee is at liberty to decide the issue taking into consideration all relevant facts in accordance with law. Let such consideration be made within two months from the date of production of a copy of this order upon the concerned respondent. Accordingly the writ application stands disposed off. Anand Kr. ( Ahsanuddin Amanullah, J.)