IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13149 of 2008 Akhilesh Kumar, son of Sri Sipahi Singh, Resident of village Masarhiya, Police Station Murar, District Buxar………………………………………………..……….Petitioner Versus 1. The State Of Bihar. 2. District Magistrate, Buxar. 3. Block Development Officer, Chaugai, Buxar. 4. Block Education Extension Officer, Chaugai, Buxar. 5. District Education Superintendent, Buxar. 6. Mukhiya, Gram Panchayat Murar, Buxar. 7. Panchayat Sachiva, Gram Panchayat Murar, Buxar. 8. Srei Kamendra Kumar Singh son of Brij Nath Singh, Resident of village Masarhiya, P.S. Murar, District Buxar……………………………………Respondents ----------- 3 24.10.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. Petitioner is aggrieved by his non- selection for appointment as Panchayat Teacher in the process held in 2008. From Annexure-2 it appears that petitioner had filed his complaint before the Block Development Officer and the Block Development Officer, in exercise of his power under Rule 18 of 2006 Rules, had already passed the order directing Mukhiya and Panchayat Secretary, Gram Panchayat, Murar to correct the merit list by placing petitioner above one Kamendra Kumar Singh and treat the list of the general category 2 candidate as corrected and make appointment from the same. This order was communicated to the Mukhiya and Panchayat Secretary on 21.04.2008 when the Block Development Officer had the power to entertain complaints in terms of the unamended Rules. In spite of this order, Mukhiya and Panchayat Secretary have not complied with the same. Hence, petitioner has filed this writ application. It goes without saying that if a competent higher authority passes an order in exercise of his powers in terms of the Rules, the subordinate authorities are to comply with the same and implement it. In the circumstances, it is the District Programme Officer, Buxar who is now a competent authority to enquire as to whether the said order of the Block Development Officer is still operative and whether it has been set aside or annulled subsequently or challenged before any higher authority, or not. If he finds that the said order is still in operation, he is directed to see to it that the said order of the Block Development Officer is 3 complied by the Mukhiya and Panchayat Secretary of the Gram Panchayat positively within two months from the date of receipt/production of a copy of this order, failing which he will be at liberty to take steps in accordance with law for action against the Mukhiya and Panchayat Secretary for disobedience of the orders of the Block Development Officer. The writ application is disposed of with the aforesaid observations and directions. BT (J. N. Singh, J.)