IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14643 of 2005 Vagish Nandan, Son of Sri Narayan Modi, R/o-Vill.-Dumri, P.S.-Rupauli Tikapatti, District-Purnia. –Petitioner. VERSUS 1. The State of Bihar. 2. Bihar Public Service Commission, Bailey Road, Patna. 3. The District Magistrate, Bhagalpur. 4. The District Development Commissioner, Bhagalpur. 5. The District Superintendent of Education, Bhagalpur. –Respondents. ----------- For the Petitioner : Mr. Jagdish Prasad Bhagat. Mr. Bijendra Kumar Singh. For the State : Mr. Partha Sarthy, SC-10. ------------ 07 30.03.2011 For appointment of Assistant Teacher in Government Primary School at Bhagalpur an advertisement was issued by the Bihar Public Service Commission, pursuant to which, inter alia, the petitioner applied. After all selection process and certain initial hick ups, ultimately, the petitioner was recommended for appointment by the Bihar Public Service Commission vide Memo No.173 dated 13.09.2003 to the District Magistrate-cum-Collector, Bhagalpur. The petitioner appeared before the District Superintendent of Education (D.S.E.) with all his credentials but the reasons best known to the D.S.E., the D.S.E. wrote to the Bihar Public Service Commission for verifying the recommendation as sent by him and, thus, delayed the matter of appointment. Once the verification also came from the Commission then he sought guidelines from the Secretariat and again successfully delayed the appointment but again some recommended persons were already adjusted. The reasons for not appointing the petitioner are not clear but are not far to be searched and they are other than bona fide. In 2006 after several correspondences without appointment now petitioner is being told that he can opt for - 2 - appointment under the Primary Panchayat Teacher Rules, 2006. There is a world of difference between Primary Panchayat Teacher and Government Primary Teacher. For the Panchayat Primary Teacher fixed honorarium is paid whereas the Government Primary Teacher is on a much higher scale. The service conditions are totally different. A counter affidavit has been filed by the D.S.E. which beyond trying to justifying the delay does no more. Thus, it is clear that the petitioner had qualified for appointment and had a right to be appointed in the year 2003 itself, he was unjustifiable and arbitrarily kept out of appointment as an Assistant Teacher in Government Primary School. Now, he is being offered the job of a Panchayat Primary Teacher for which he has neither applied nor selected. In such a situation, I am left with no option but to direct the District Magistrate-cum-Collector, Bhagalpur and the District Superintendent of Education, Bhagalpur to immediately act on the recommendation of the Bihar Public Service Commission and appoint the petitioner as a Government Assistant Teacher in Government Primary School and not as a Panchayat Primary Teacher. The same must be done within one month from the date of production of a copy of this order before the District Magistrate-cum-Collector, Bhagalpur, who shall be solely responsible for implementing the order of this Court. With the aforesaid observations and directions, the writ petition stands disposed of. Trivedi/ (Navaniti Prasad Singh, J.)