IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5793 of 2009 RUPAM KUMARI, WIFE OF RAJ KISHORE SINGH, DAUGHTER OF GIRJANANDAN PRASAD SINGH, RESIDENT OF VILLAGE & POST – JAMALPUR, GRAM PANCHAYAT-KALYANPUR, P.S. & BLOCK – ATHMALGOLA, DISTRICT – PATNA. …….. PETITIONER. Versus 1. THE STATE Of BIHAR. 2. THE SECRETARY, DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE DISTRICT MAGISTRATE, PATNA. 4. THE DISTRICT SUPERINTENDENT OF EUDCATION, PATNA. 5. THE DISTRICT PANCHAYAT RAJ OFFICER, PATNA. 6. THE BLOCK DEVELOPMENT OFFICER, ATHMALGOLA, DISTRICT – PATNA. 7. THE BLOCK EDUCATION EXTENSION OFFICER, ATHMALGOLA, DISTRICT – PATNA. 8. THE SECRETARY, DISTRICT TEACHER APPOINTMENT APPELLATE AUTHORITY, PATNA. ………. RESPONDENTS 1ST SET. 9. ASHOK KUMAR SINGH, SON OF NOT KNOWN TO THE PETITIONER, AT PRESENT MEMBER DISTRICT TEACHER APPOINTMENT APPELLATE AUTHORITY, PATNA. THE OFFICE SITUATED AT BANKEPUR GIRLS HIGH SCHOOL BUILDING, GOL GHAR, PATNA. 10. SHILAM KUMARI, WIFE OF MANUKANT SHARMA, RESIDENT OF VILLAGE AND POST JAMALPUR BIGHA, UNDER GRAM PANCHAYAT KALYANPUR, P.S. AND BLOCK ALTHMALGOLA, DISTRICT – PATNA. ……. RESPONDENTS 2ND SET. ---------------------------------- For the Petitioner : - Mr. Jitendra Kumar Ray, Advocate. For the State : - Mr. Rishi Raj Sinha, GP XIX Mr. Gopal Krishna AC to GP XIX Mr. Archana Prasad, AC to GP XIX -------------------------------- 03/ 12.08.2011 Heard counsel for the petitioner and counsel appearing for the State. Petitioner has filed this writ application for quashing of order passed by District Teacher Appointment Appellate Authority, Patna dated 4.2.2009 contained in Memo No. 122, whereby the merit list prepared for appointment of teacher in Gram Panchayat 2 Kalyanpur has been cancelled after receiving several complaints from candidates, who had applied for the post. Complain made by such candidates is that Panchayat Secretary and Mukhiya of concerned gram panchayat were instrumental in getting their applications to disappear. Applicants, namely, Smt. Veena Sinha, Bandana Kumari, Nitu Kumari, Madhu Kumari and Smt. Shilam Kumari had made complaints before the Tribunal, and most of them are trained candidates. Their case before the Tribunal was that their applications were received by Brajesh Dubey and in some cases by Ritesh Kumar, but receipt showing acceptance of their application were not supplied to them, it was not stamped, on this pretext that the stamp is not available. Subsequently their applications were misplaced, their names were not in the panel of the merit list. None of the trained candidates were included in the merit list. There were only two posts, one in unreserved and another in reserved category. The panel prepared indicated that both the posts are going to be filled by untrained candidates. Petitioner was one of the selected candidates. The reason behind such illegal act of the Mukhiya and Panchayat 3 Secretary was to select Rupam Kumari, the writ- petitioner, who is the daughter of Panchayat Secretary and daughter-in-law of the Mukhiya. Just to accommodate her, Mukhiya and Panchayat Secretary, in connivance with each other and with one Brajesh Dubey, who was authorized to receive applications, managed to misplace applications of such candidates, whose marks were higher than Rupam Kumari, the writ-petitioner. A very detailed orde4r has been passed by the Appellate Tribunal. There is no denial in the writ application that the petitioner is not the daughter of the Panchayat Secretary. However, it has been stated that her father had reclined himself from the appointment process, but there is no statement that the Mukhiya, who is the mother-in-law of the petitioner had also abstained herself from the selection process. The Appellate Tribunal has rightly quashed the merit list prepared for appointment and directed to reinitiate the selection process from the stage of preparation of merit list. The order passed by Tribunal needs to be modified to the extent that, selection process should start from the stage of receiving fresh applications 4 from the candidates and Selection process must be completed within two months from the date of production/communication of the order. This application is disposed of. DKS/ (Mridula Mishra, J.)