IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16158 of 2010 BALMIKI PRASAD , Son of Sri Babuchand Prasad, resident of village - Asharhi, P.S- Hilsa, Dist- Nalanda. -----------------Petitioner Versus . 1. THE STATE OF BIHAR 2. The District magistrate, Nalanda. 3. The district Education Superintendent, Nalanda. 4. The sub -Divisional Officer, Hilsa, District- Nalanda. 5. The Block Education Officer, Hilsa, district- Nalanda. 6. The Block Development Oficer, Hilsa District- Nalanda. 7. Anjani Kumar, Mukhiya of Asharhi Gram Panchayat Block- Hilsa, Dist- Nalanda. 8. Kameshwar Prasad, Panchayat Sewak, Gram Panchayat. Asharhi, Block- Hilsa, dist- Nalanda ----------- Respondents For the petitioner------ Sheela Sharma Shivendr For the Respondent----- G.P-12 3 13.05.2011 Contention of the learned counsel for the petitioner is that this case is covered by the ratio of the decision rendered in the case of Randhir Kumar Vs. State of Bihar, which was LPA no. 273 of 2011 decided on 5.4.2011. Issue was appointment and thereafter removal of the petitioner from the post of a Panchayat Teacher under the circumstances that the Mukhiya of the concerned Panchayat innovated by holding written examination and drawing up a merit list for appointment on the post instead of following the laid down procedure in terms of the 2006 Rules. Since the Division Bench has held that such appointment was not on the basis of any fraud or misrepresentation, therefore the removal of the petitioner was illegal. The Division has further held that the order was not be treated as a precedent for future cases. 2 That is the background under which other persons have been granted relief. The respondents are directed to take the petitioner back in the service forthwith. The writ is allowed. Namita ( Ajay Kumar Tripathi, J.)