IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1432 of 2011 AKHILESH KUMAR RAM & ORS Versus THE STATE OF BIHAR & ORS ----------- 3 10.05.2011 Selection was carried out in the District of Araria. Matter relates to appointment of Prakhand Teachers. The case of the petitioner is that the entire exercise was carried out as per the selection process and, thereafter, appointment letters were issued to the petitioners, but merely because a letter went from the level of the Principal Secretary H.R.D Government, of Bihar these petitioners were ordered to be removed. This compelled them to file the present writ application challenging such an arbitrary decision. When the matter was first heard on 04.02.2011 counsel for the State was directed to file counter affidavit indicating the rationale against appointment of the petitioners on account of such appointment having been made after the cut off date fixed by the Government. After much delay the Government has filed counter affidavit duly sworn by one Ghyasuddin Ansari said to be the B.E.O. Jokihat, District Ariara which supports the case of the petitioners through and through. The stand of the B.E.O is that there was nothing wrong in the selections and appointments. The petitioners were duly appointed on proper selection basis but why the Principal Secretary chose to pass such order is not known by them. If stand of the B.E.O is treated to be the stand of the state then obviously the decision of the Principal Secretary, 2 Government of Bihar seems to be an arbitrary communication which has created problems for the petitioners in functioning as Block Teachers in the District of Araria. No other affidavit has been filed on behalf of the State much less at the level of the Principal Secretary which could help the Court in understanding the background to his communication. Since the B.E.O Araria has supported the case of the petitioners and does not stand by the direction of the Principal Secretary, let a copy of this order be communicated to the Principal Secretary who will have a duty to look into the matter as also under what circumstances such an affidavit came to be filed and whether the stand of the B.E.O is also the stand of the department. If any follow up action is required to be taken for filing such an affidavit, then it may be taken at his level. There shall be no interference in the working of the petitioners on the post in view of the stand of the state which emerges from the counter affidavit. Annexure 1 is quashed. Writ application is allowed. Let a copy of this order be communicated to Principal Secretary, H.R.D. Government of Bihar, immediately. Prakash ( Ajay Kumar Tripathi, J.)