IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13591 of 2009 Subhendra Narayan Prasad, S/o Shri Deo Narayan Ram, resident of village- Chhihattar, P.S.-Maner, District-Patna. ……….Petitioner. Versus 1. The State of Bihar. 2. The Secretary, Human Resources Development Department, Government of Bihar, Patna. 3. The District Magistrate, Patna. 4. The Director, Primary Education, Bihar, Patna. 5. The District Superintendent of Education, Patna. 6. The Block Education Extension Officer, Maner, Patna. 7. The Mukhiya, Gram Panchayat Raj, Kita Chauhttar Purvi, Block-Maner, District-Patna. 8. The Panchayat Secertary, Gram Panchayat Raj, Kita chauhattar Purvi, Maner, Patna. 9. Shri Saryug Prasad S/o not known to the petitioner, the Panchayat Secretary, Gram Panchayat-Kita Chauahattar Purvi, Block-Maner, District-Patna. ………..Respondents. ----------- 2/ 14.10.2009 Petitioner has completed three years of his service as Panchayat Teacher. In the light of the resolution of the Government of Bihar, Department of Human Resources Development dated 20.06.2009, it has been made compulsory for all Panchayat Teachers, who have completed three years of their service, to appear in the Merit Evaluation Test for appraisal of their Merit Evaluation Test is going to be conducted from 15.10. 2009. The resolution of the H.R.D. Department also indicates that in case of non-appearance in the Merit Evaluation Test, teachers claim for enhancement of salary will not be considered and payment of their current salary shall also be stopped. Petitioner’s case is that he could have appeared in the Merit Evaluation Test, only when his appointment letter and other relevant documents relating to his appointment were attested and certified by the Panchayat Secretary and the Mukhiya of the 2 concerned Gram Panchayat. Petitioner had approached concerned authorities for attesting his relevant documents in order to submit his application for appearing in the Merit Evalucation Test. But, despite assurance given to him, till last date for submission of the application i.e. 10.07.2009 and the extended period up to 25.08.2009 it was not done. Finally, the Panchayat Secretary refused to attest and certify the certificates as well as relevant documents of the petitioner and due to that he could not submit his application form even, till the last date of extended time. The Merit Evaluation Test is going to start from 15.10.2009. The counsel appearing for the State has received instruction telephonically from the D.S.E, Patna and on the basis of such instruction he submits that the next Merit Evaluation Test will be held after six months and in case the petitioner for any reason is unable to appear in the Merit Evaluation Test going to be conducted from 15.10.2009, he will get opportunity to appear in the next test. Undoubtedly, the petitioner can appear in the next Merit Evaluation Test, but, so far the consequences as mentioned in the resolution of H.R.D. Department dated 20.06.2009 is concerned, which relates to non-payment of salary will not have any application in the case of the petitioner. This application is being disposed of directing the District Superintendent of Education, Patna to consider petitioner’s application for a direction to the Mukhiya and 3 Panchayat Secretary of Gram Panchayat Raj, Kita Chauhttar Purvi, Block-Maner, District-Patna to attest and certify the relevant documents and appointment letters of the petitioner so that he may be able to appear in the next Merit Evaluation Test, which as stated by the State counsel, will be held after six months. Payment of salary will continue in the meantime. Copy of this order be handed over to G.P.-21. Sanjeet/ (Mridula Mishra, J.)