IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15584 of 2007 PREM PRAWESH, SON OF LATE SARYUG PRASAD SINGH, RESIDENT OF VILLAGE MAHADATTPUR, POST OFFICE JAMUNIA, P.S. NAUGACHHIA, DISTRICT BHAGALPUR…………………………PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER-CUM-SECRETARY, DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT, GOVERNMENT OF BIHAR, PATNA 2. DISTRICT EDUCATION OFFICER, KATIHAR 3. DISTICT EDUCATION SUPERINTENDENT- CUM-DISTRICT PROGRAMME COORDINATOR, KATIHAR 4. SUB-DIVISIONAL EDUCATION OFFICER, KATIHAR 5. BLOCK EDUCATION OFFICER, BLOCK KODHA, DISTRICT KATIHAR 6. BLOCK DEVELOPMENT OFFICER, KODHA BLOCK, DISTRICT KATIAHR 7. MUKHIYA PHULWARIA PANCHAYAT, BLOCK KODHA, DISTRICT KATIHAR 8. SECRETARY PHULWARIA PANCHAYAT, BLOCK KODHA, DISTRICT KATIHAR 9. MUKHIYA, MAKHDUMPUR PANCHAYAT, BLOCK KODHA, DISTRICT KATIHAR 10. SECRETARY, MAKHDUMPUR PANCHAYAT, KODHA BLOCK, DISTRICT KATIHAR 11. MUKHIYA, PAWAI PANCHAYAT, KODHA BLOCK, DISTRICT KATIHAR 12. SECRETARY, PAWAI PANCHAYAT, KODHA BLOCK, DISTRICT KATIHAR 13. PATEL KUMAR SINGH, S/O UNKNOWN, RESIDENT OF VILLAGE JHITKYA P.O. MARUA, VIA GURUBAZAR, DISTRICT KATIHAR……………………….RESPONDENTS ----------- 5. 17.08.2009 Heard learned counsel for the petitioner and learned counsel for the State. It appears that petitioner’s appointment as Panchayat Shikshak was rejected on the ground that he was having a degree from vocational course - 2 - which did not fulfill the eligibility requirements for the post. Petitioner filed this writ application challenging the said rejection of his appointment. Similar issue arose in a large number writ applications and this Court by different orders held that the degree of vocational course was equivalent to a degree from a regular course and, therefore, that had to be taken into account for deciding the eligibility of the candidate. The said direction was also upheld in letters patent appeal by Division Bench. During the pendency of the writ application, in view of different orders of this court, it appears, the matter was referred by the Mukhiya to the concerned District Appellate Authority. Now through I.A. No.4837 of 2009 petitioner has brought on record two orders of the concerned District Appellate Authority as Annexures 11 and 12 by which the Mukhiya / Panchayat Secretary has been directed to appoint the petitioner within a week on the post of Panchayat Shikshak. Learned counsel for the petitioner submits that in spite of the said directions issued - 3 - by the concerned District Appellate Authority, concerned Mukhiya / Panchayat Secretary is not issuing consequential orders of appointment of the petitioner. He submits that since there is no dispute that the District Appellate Authority has decided that the petitioner is entitled for appointment, this Court may dispose of the writ application with a direction to the concerned Mukhiya / Panchayat Secretary to implement the order of the concerned District Appellate Authority. Learned counsel for the State submits that in view of the orders of the District Appellate Authority, directions may be issued to the Mukhiya / Panchayat Secretary to do the needful in accordance with law. In the circumstances, the writ application is disposed of with a direction to the respondents, Mukhiya / Panchayat Secretary, Phulwaria Panchayat, Block Kodha, District Katihar to implement the orders of the District Appellate Authority as contained in Annexures 11 and 12 within two weeks from the date of receipt/production of a copy of this Court. In case the Mukhiya finds any legal impediment in - 4 - implementing the said order, he will be well advised to move the concerned District Appellate Authority for further directions. The writ application is, thus, disposed of. B.T (J.N. Singh, J.)