IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15277 of 2010 UPENDRA CHAUDHARY s/o Sri Dwarelal Chaudhary, resident of village- Singhpur, P.S. Haveli Kharagpur, District- Munger. Versus 1. THE STATE OF BIHAR through the Principal Secretary Human resources Department, Govt. of Bihar, Patna, 2.The Director, Human Resource Department, Govt. of Bihar, Patna, 3.The Deputy Director, (Primary Education, Govt. of Bihar, Patna. 4. The District Magistrate, Munger. 5. The District Superintendent of Education, Munger. 6.The Sub Divisional Education, Officer, Munger. 7The Chairman, Selection Committee Village- Singhpur P.O. and P.S.- Haveli Kharagpur Distt- Munger. 8. The Secretary, Selection Committee, Village Singhpur P.O and P.S.- Haveli Kharagpur, Dist- Munger. ----------- 2 3.11.2010 The petitioner had applied for the post of Panchayat Teacher in the year 2006. He was not selected on the ground that he had done Intermediate in vocational course , which was not equivalent to Intermediate , which was the minimum eligibility condition. The Sate Government and this Court subsequently held that the Intermediate vocational course was equivalent to Intermediate for the purposes of recruitment of Panchayat Teacher. The petitioner accordingly moved the Appellate Tribunal. The appellate tribunal considered the matter and found only reason the petitioner was not selected because he had done Intermediate vocational course, which , as noticed above, was held to be equivalent by this Court and the State Government as well. The tribunal accordingly allowed the petitioner’s appeal and directed the concerned Panchayat to consider the appointment of the petitioner. 2 The petitioner has come to this Court stating that in spite of the order of the tribunal, the concerned Panchayat is not re-considering the matter of the petitioner. On behalf of the State, it is submitted that the tribunal ought not to have entertained the application after such a long time. There might or there might not b e vacancies available. To the fact that the petitioner had passed Intermediate vocational course .The State does not dispute that that is the equivalent for the purposes of Panchayat Teachers’ appointment. Having heard the parties and with their consent, this writ application is being disposed of at this stage itself. Having considered the matter, in my view, the writ petition must succeed, subject, however, to the availability of the vacant post. The reason is thus. So far as the eligibility of petitioner is concerned that is beyond dispute . It is well settled that intermediate vocational course is meet the eligibility criteria for recruitment of Panchayat Teacher. That being so, it is undisputedly clear that the petitioner was wrongly not selected, the petitioner moved the tribunal, the tribunal has corrected wrong committed. In so far as the stand of the State is concerned, the tribunal ought not to have entertained the application and pass the order and that being so, the Panchayat not accepting the order is not doing wrong. All I can do the decision of the Apex Court in the case of Bhopal Sugar Industries Ltd. –v- Income 3 Tax Officer,Bhopal since reported in AIR 1961 SC 182 wherein the Constitution Bench of the Apex Court has clearly held that where the direction of the tribunal is not implemented by the subordinate , a writ of mandamus shall issue and while doing so this Court would not go into the question of correctness or otherwise of the order of the tribunal. Thus, in the present case, the tribunal having found favour of the petitioner, the petitioner is entitled to be considered for selection but this is however subject to if pursuant to earlier selection process all available vacancies had been filled up, then petitioner cannot be selected but if all posts not filled up and some posts remained then the petitioner would be considered for selection in accordance with law . The same exercise will have to be done by the Sub divisional Education Officer in consultation with the Nagar Panchayat within a period of two months from today. With the aforesaid observations and directions, the writ petition is disposed of. singh ( Navaniti Prasad Singh, J.)