IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15993 of 2007 Dig Vijay Kumar, Son of Sri Suresh Prasad, Resident of Village Subchak, Police Station, Karaiparasurai, District Nalanda. --------- Petitioner Versus 1. The State of Bihar. 2. Commissioner cum-Secretary, Human resources Department, Bihar, Patna. 3. District Magistrate, Nalanda. 4. District Superintendent of Education, Nalanda. 5. Sub-Divisional Education Officer, Hilsa, Nalanda. ------ Respondents ----------- 5 21.07.2010 Heard learned counsel for the petitioner and counsel for the State. The prayer of the petitioner in this writ application reads as follows:- 1(I) Mandamus (i) For directing the respondents to immediately to issue appointment letter to the Petitioner, on the post of ‘Untrained teacher.”. (II) For directing the respondents to issue appointment letter and posting was done against the vacant and Sanctioned Post.” Subsequently on account of an event leading to passing of the order of the District Teacher Niyojan Appellate Tribunal in case no. 801 of 2009, the petitioner having filed I.A. No. 2722 of 2010 had 2 amended his prayer by seeking a direction to the respondents for implementing the order dated 9.6.2009 passed by the District Teacher Niyojan Appellate Tribunal. This Court by an order dated 21.6.2010 had directed the authorities to explain as to why the order of the District Teacher Niyojan Appellate Tribunal passed during pendency of this writ application was not implemented. Today Mr. B.K.P. Sinha, learned Government Pleader No. 3, appearing on behalf of the State, would submit that it is true that an order was passed by the District Teacher Niyojan Appellate Tribunal on 9.6.2009 but since the same was suffering from inherent defect and therefore, it was not complied. This Court would fail to understand such submission on the part of the counsel for the State. An appellate authority has been created only to examine anomaly in selection/appointment on the post of Panchayat Shikshak/Nagar Shikshak and this is an independent forum created by the State itself. Any order passed by the appellate 3 authority unless assailed before and reversed by the competent court can not be made inoperative by the officials of the State and infact, it has to be complied in letters and spirit. Counsel for the petitioner in this regard has also submitted that the said order of the appellate authority in favour of the petitioner has not even been assailed in any court of law. That being so, this Court will have no hesitation in directing the respondents to implement the order of the appellate authority specially when such order is by way of concession based on admission of the Sub- divisional Education Officer that there were apparent anomaly in selection of Nagar Shikshak while computing the age and marks of Seema Kumari, the selected candidate. Thus, once such an order was passed on a concession of the Sub-divisional Education Officer, there would be also no question of being its assailed by the officials of the State and in fact, that having been not done till date, the aforesaid plea of the counsel of the State has to be 4 only noted for its being rejected. Consequently, this application is allowed and the order of the District Teachers Appellate Authority in favour of the petitioner is directed to be complied in letters and spirit within a period of three months from the date of receipt/production of a copy of this order. Rsh (Mihir Kumar Jha, J.)