IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.11758 OF 2007 ANIL KUMAR SINGH, S/O SRI TUN-TUN SINGH, R/O VILLAGE MARAWA, P.S RAJAPATTI, DISTRICT GOPALGANJ. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR. 2.THE DIRECTOR PRIMARY EDUCATION, GOVT. OF BIHAR, PATNA. 3.THE DISTRICT MAGISTRATE, GOPALGANJ, DISTRICT GOPALGANJ. 4.THE DISTRICT SUPERINTENDENT OF EDUCATION, GOPALGANJ, DISTRICT GOPALGANJ. 5.THE BLOCKDEVELOPMENT OFFICER, BAIKUNTHPUR, DISTRICT GOPALGANJ. 6.THE BLOCK EDUCATION EXTENSION OFFICER, BAIKUNTHPUR, DISTRICT GOPALGANJ. 7.THE MUKHIYA, GRAM PANCHAYAT RAJ BANGARA, DISTRICT GOPALGANJ. 8.THE SECRETARY GRAM PANCHAYAT RAJ BANGARA, DISTRICT GOPALGANJ. 9.UDAY KUMAR SINGH, S/O BINDA SINGH, R/O VILLAGE MAIRWA, P.S GOPALGANJ, DISTRICT GOPALGANJ. ………………………RESPONDENTS. ----------- 03/ 08.11.2011 Heard Mr. Sangeet Deokuliar, learned counsel for the petitioner and learned counsel for the State. In this writ application the petitioner has assailed the order passed by the B.D.O, Baikunthpur dated 16.02.2007, whereby and whereunder, he having entertained the complaint of the petitioner as with regard to the alleged illegality in the selection and appointment of respondent no. 9, had summarily dismissed it on the ground that such appointment of respondent 2 no. 9 was made some two years back. Mr. Deokuliar while assailing the aforementioned order would submit that when the petitioner had filed his complaint in the year 2006, the B.D.O under Rule 18 of the Bihar Panchayat Shikshak Appointment Rules was the Competent Authority prescribed by the State Government and therefore, he ought to have decided the matter on merits especially when in his earlier order dated 25.01.2007, he had noted that the petitioner despite having 22 credit points was left out from the zone of selection and appointment, whereas respondent no. 9 having 15 credit points only was selected and appointed as Shikshamitra and could on be absorbed as Panchayat Shikshak w.e.f 01.07.2006. Counsel for the State in the absence of any counter affidavit filed by him would simply submit that assuming that the petitioner was wrongly ignored in selection and appointment on the post of Shisha Mitra but today he would not get any substantial relief from this Court inasmuch as, the said panel of Shiksha Mitra is no longer 3 valid and the petitioner cannot be appointed as Panchayat Shikshak even after removal of respondent no. 9 from service. In the considered opinion of this Court, when the petitioner had availed the statutory remedy by filing a complaint in terms of Rule 18 of Bihar Panchayat Shikshak Appointment Rules-2006 before the B.D.O., the Competent Authority, the said Authority had to decide the question on merits instead of non suiting the petitioner on a wholly perfunctory ground of the appointment of respondent no. 9 being of some two years back. It is on record that as the petitioner had secured highest 22 credit points as against only 15 credit points of respondent no. 9, he had filed his representation before the Collector dated 10.05.2005 as contained in Annexure-6 series followed by reminder dated 02.07.2005 and 14.12.2006. The petitioner therefore, cannot be said to be slept over his rights. As a matter of fact it was only when the petitioner had filed his application before the Collector of the 4 district, the same was sent for being instituted as a complaint before the B.D.O and the B.D.O also had made certain inquiry from which he could also come to know that the respondent no. 9 had not submitted even his graduation certificate at the time of his selection and appointment. Having gone to that extent it was therefore wholly inappropriate for the B.D.O to leave the matter in lurch and dismiss the complaint of the petitioner on the ground of appointment of respondent no. 9 being some two years back. If that be the approach of the Authority who himself had kept the matter pending for more than one year and thereafter had rejected the case of the petitioner on the ground of delay there will be no justification for the statutes providing such alternative remedy. This Court, therefore, would quash the impugned order passed by the B.D.O and remit the matter back to the concerned District Teachers Appellate Authority which would now go into the aspect as to whether the selection and appointment of the respondent no. 9 was correct valid and 5 justified. This Court would however immediately hasten to add that nothing said in this order shall be taken to be a declaration on the merit of the claim of the petitioner vis a vis respondent no. 9 and the Authority will have the full liberty to decide the matter in accordance with law. If the petitioner would file such a fresh complaint in terms of Rule 18 of the Bihar Panchayat Shikshak Appointment Rules 2006 within a period of one month from today, the same shall be disposed of strictly in accordance with law without non-suiting the petitioner on the ground of delay and/or limitation, if any, of course after giving opportunity of hearing to the petitioner as also to respondent no. 9 and the concerned parties. It is however, made clear that in the event of cancellation of the appointment of respondent no. 9 on account of his having lesser points and/or any other ground, the resultant vacancy on the post Panchayat Shikshak on which respondent no. 9 had been absorbed w.e.f 01.07.2006, 6 shall be filled up by undertaking a fresh process of selection, inasmuch as, the petitioner’s selection or empanelment on the post of Shiksha Mitra would not give him any right to be appointed on the post of Panchayat Shikshak vacated on account of removal of Respondent no. 5. If, however, the petitioner’s age in any way exceeds the maximum age limit, he will be entitled for relaxation of hsi age for being considered with other eligible candidates for appointment on the resultant vacancy caused on the post of Panchayat Shikshak on account of order of removal of Respondent no. 9, passed by the District Teachers Appellate Authority. With the aforementioned observation and direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J.)