IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3325 of 2009 UMESH GUPTA, son of Sri Kapileshwar Prasad, resident of Naya Tola, Riga Road, Sitamarhi, Ward No.1, P.S. Sitamarhi, District – Sitamarhi. Versus 1. THE STATE OF BIHAR. 2. Block Development Officer, Dumra, District – Sitamarhi. 3. Block Education Extension Officer, Dumra, District- Sitamarhi. 4. Sub Divisional Officer, Sitamarhi. 5. Zila Shiksha Niyojan Appealiye Pradhikar, Sitamarhi. 6. Selection Committee through the Secretary, Gram Panchayat Khairwa, Block Dumra, District – Sitamarhi. 7. Mukhiya, Gram Panchayat Khairwa, Block Dumra, District – Sitamarhi. 8. Pawan Kumar son of Mahendra Thakur, resident of village – Govind Phandah, Gram Panchayat Khairwa,Block Dumra, District – Sitamarhi. 9. District Magistrate, Sitamarhi. 10. District Superintendent of Education, Sitamarhi. ----------- For the petitioner : M/S. Basant Kumar Chaudhary, Sr. Advocate, Shailendra Kumar Singh and Ajay Kumar Tiwary. For respondent No.8 : Mr. Nirmal Kumar Sinha No.3. For the State : GA 2. ----- 05. 3.2.2011 Whatever be the circumstances under which the District Teachers Employment Appellate Authority, Sitamarhi has passed the order dated 5.2.2009 contained in Annexure-3, directing the private respondent namely, Pawan Kumar to be appointed in place of the petitioner, this Court is compelled to interfere with such an observation in light of the accepted position which has emerged that respondent No.8 was a claimant for appointment as a Panchayat teacher in yet another Panchayat and his failure to beget the slot has compelled him to file CWJC No. 8081 of 2007. The fact cannot be denied in view of the evidence produced in Court on this score. The Court was inclined to impose heavy cost on the private respondent for playing games with the Court but on an earnest plea and 2 so-called unqualified apology tendered in his affidavit, the Court takes a magnanimous view and refrains itself from imposing any cost on the private respondent. But in view of the above fact let the respondent No.8 pursue the other writ application. So far as his appointment in this Panchayat is concerned, the direction dated 5.2.2009 contained in Ananexure-3 stands quashed. The writ application is allowed to that extent. rkp ( Ajay Kumar Tripathi, J.)