IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5579 of 2008 Avinash Kumar, Son of Sri Sahdeo Rai, Resident of village & P.O. Sarai, P.S. Maner, District- Patna … … Petitioner Versus 1. The State Of Bihar, through Commissioner, Patna Division, Patna 2. The Director, Panchayati Raj, Bihar, Patna 3. The District Magistrate, Patna 4. The District Panchayat Raj Officer, Patna 5. The Block Development Officer, Maner, Patna 6. The Gram Panchayat Supervisor, Maner, Patna 7. The Surpanch, Sarai Panchayat, Maner, Patna 8. Sri Jitendra Kumar, Son of Sri Ram Das Mahto, resident of village & P.O. Sarai, P.S. Maner, District Patna … … Respondents ----------- For the Petitioner :M/s S. Azeem & Shankar Kumar, Advocates For the State :Mr. Jainendra Kumar Sinha, A.C. to G.A.-6 03/ 30.06.2011 Heard learned counsel for the petitioner and the State. 2. Petitioner was an applicant for the post of Panchayat Secretary, Sarai, Gram Panchayat within Maner Block in the district of Patna. He is aggrieved by the appointment of Jitendra Kumar, Respondent no.8 on the said post. In compliance of the instruction contained in notice dated 29.10.2007, Annexure-B to the counter affidavit when petitioner appeared for counseling on 6.11.2007, he was told by the Block Development Officer, Maner as also his office clerk with reference to news item, Annexure-6 that counseling for appointment on the said post has been postponed to 11.11.2007 and having 2 accepted the verbal instruction given by the Block Development Officer and his office clerk, petitioner returned back. Later, he learnt that counseling for appointment on the post of Panchayat Secretary, Sarai Gram Panchayat was conducted on the same day i.e. 6.11.2007 in which only Jitendra Kumar, Respondent no.8 participated. In this connection, he referred to the merit list prepared by the Block Panchayati Raj Officer and Block Development Officer, Maner, Annexure-A to the counter affidavit, which indicates that the merit list was drawn by the two officers on 29.10.2007 itself, which was not the date for counseling. 3. It is submitted, with reference to Annexure-A, that Block Panchayati Raj Officer and Block Development Officer, Maner, had earlier decided to allow only Jitendra Kumar, Respondent no.8 to participate in the counseling and to achieve such purpose, the two officers signed the merit list on 29.10.2007 itself, although Jitendra Kumar, Respondent no. 8 signed the column meant for marking attendance of the candidate on 6.11.2007. The attendance column of the other two candidates i.e. petitioner and Ranjit Chaudhary was crossed as they did not appear for 3 counseling on 6.11.2007. It is further submitted on behalf of the petitioner that had the merit list been drawn on 6.11.2007, the date on which Jitendra Kumar, Respondent no.8 participated in the counseling and put his signature, there would have no occasion for the Block Panchayati Raj Officer and Block Development Officer, Maner to put their signature over the same on 29.10.2007. In this connection, petitioner filed representation dated 22.11.2007, Annexure-7 raising the aforesaid aspect, which is addressed to the District Magistrate, Patna. From the counter affidavit, it does not appear that the said representation has yet been considered and disposed of. 4. Accordingly, it is directed that the District Magistrate, Patna should consider the representation of the petitioner dated 22.11.2007, Annexure-7 in the light of the submissions noted above that petitioner was duped not to participate in the counseling on 6.11.2007 and that merit – cum- counseling attendance sheet was drawn on 29.10.2007 itself, although the appearing candidate Jitendra Kumar signed the same on 6.11.2007 as early as possible, in any case within two months from the date of receipt/ production of a copy of this order before the 4 District Magistrate, Patna. 5. In this connection, it shall be open for the District Magistrate, Patna to issue notice to Jitendra Kumar, Respondent no.8, Block Panchayati Raj Officer and Block Development Officer, Maner asking them to show cause as to why they signed the merit list –cum- counseling attendance sheet on 29.10.2007, although the counseling was fixed for 6.11.2007. 6. The writ petition is, accordingly, disposed of. Arjun/ ( V. N. Sinha, J.)