IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.366 of 2008 LALLAN SAH . Versus THE STATE OF BIHAR & ORS . ---------- 2/ 17/11/2009 Heard learned counsel for the petitioner and learned counsel for the State. The controversy relates to a panel prepared pursuant to selection on 23.2.2007 for appointment on Class-IV post to the Vaishali Collectorate. The allegation is of discrimination by appointing a person below the petitioner in the merit panel. Learned counsel for the State urges that the person below the petitioner has been appointed as he was Class-8 pass when the petitioner was not. Once a merit panel has been prepared and in which, as alleged, the column of educational qualification was blank both- with regard to the petitioner and the person below him in the panel, as suggested from the extract of the panel at annexure-2 onwards, the issue raised on behalf of the respondents is irrelevant. Either the respondents have made a correct panel on merit position based on certain considerations in their mind at the relevant point of time or the entire panel suffers from infirmity when correct merit position has not been assigned to the 2 candidates. There cannot be a half way house where the panel is sought to be upheld and yet is contended to be suffering from errors. The respondents have either to follow the merit position of the panel or scrap the panel itself if there are any infirmities in it. If the panel has to be scrapped all appointments made under the panel must go. If the merit position in the panel has not been followed someone in the Government is answerable for it by invoking issues beyond the merit panel. Let the case of the petitioner be considered in accordance with law within a maximum period of eight weeks from the date of receipt/production of a copy of this order. The application stands disposed. KC ( Navin Sinha, J.)