IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11910 of 2008 CHANDRA SHEKHAR PANDEY Versus THE STATE OF BIHAR & ORS ----------- 4/ 13/04/2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner was holding the qualification of Intermediate in a vocational course. He applied for appointment as a “Nagar Sikshak”. It is his case that based on his marks he was considered eligible for appointment and his name figured in the selection list when appointment was denied on the ground that he held the qualification of Intermediate in a vocational course and not a regular Intermediate qualification. Learned counsel for the State fairly submits that the issue stands decided by this Court in L.P.A. No.469/08 of the equivalence of the two qualifications and to that extent the petitioner was entitled to be considered. He, however, submits that the first phase appointment of teachers is now merged with the second phase. The petitioner was an applicant in the first phase in the unreserved category. Once the respondents are found to have wronged the petitioner, it shall not be sufficient justification for the respondents to urge that the first 2 phase of appointments is over. This writ application is disposed with the observation that the petitioner having been found fit for appointment in the general category on the basis of merit, but denied such appointment for reasons attributable to the respondents alone, let his case be considered for appointment in the second phase based on his merit, as assessed by the respondents themselves on the earlier occasion. Let such consideration be done and a final decision taken with regard to the petitioner in the second phase of the appointments within a maximum period of four months from the date of receipt/production of a copy of this order. KC ( Navin Sinha, J.)