IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2493 of 2008 MD.KHURSHID ALAM SON OF LATE MD.JALALUDDIN RESIDENT OF VILLAGE SHOBHANPUR (KATORIA)P.S.,AMARPUR, DIST-BANKA Versus 1)THE STATE OF BIHAR 2)Principal Secretary, Govt.of Bihar, Human Resources and Development Department, Patna. 3)Chairman, Zila Parishad, Banka 4)Deputy Development Commissioner, Banka. 5)District Magistrate, Banka. 6)District Education Officer, Banka. 7)Sub-Divisional Officer, Banka. 8)Anchal Adhikari, Amarpur Anchal, Dist-Banka. 9)Anchal Adhikari, Bounsi Anchal, Dist-Banka. 10)Gulam Razik Azfar. 11)Wasi Ahmad, both sons of Sheikh Kamaruddin,residents of Village,Dauna, P.S., Amarpur, Dist-Banka at present residing at Amarpur, P.S., Amarpur, Dist-Banka. ----------- For petitioner:-Mr.Gyanpati Duivedi, Adv Mr.Dev Kumar Pandey, Adv For the State:- SC-IV 2/ 7-Nov-08 Heard learned counsel for the petitioner and learned counsel for the State. Initially the writ petition was filed on behalf of present petitioner and one Md. Hasnain Ansari but later the name of petitioner No.2 was deleted. The prayer of the petitioner is for quashing the appointment of respondent Nos.10 and 11, Gulam Razik Azfar and Wasi Ahmad both sons of Shiekh Kamarudding as Zila Parishad Secondary Teachers in the district of Banka (Urdu teacher) as per their selection in the 2nd and 3rd select list on the ground that they have been selected and appointed on the basis of false caste certificate. 2 Petitioner has also prayed for directing the respondents to consider his case for appointment because his name is among the eligible and selected teachers kept in the waiting list (Annexure-7). From the materials on record it appears that the last select list was published on 26.6.2007 along with wait list and as soon as petitioner came to know about the selection of respondents No.10 and 11 on the basis of false caste certificate he filed a representation on 23.10.2007 on which an enquiry was entrusted by the S.D.O, Banka to another officer on 28.11.2007. The enquiry report dated 28th December, 2007 (Annexure- 19) showed that the caste certificates were false and incorrect. On that basis on 29.4.2008 the S.D.O, Banka through Annexure-13 wrote to the District Education Officer, Banka that the caste certificate issued in favour of respondents no.10 and 11 had been cancelled. However, the representation of the petitioner was kept pending unnecessarily and ultimately disposed of by order dated 30th July, 2008 (Anneuxre-16) whereby the appointment of respondents no.10 and 11 admittedly have been cancelled on 29.7.2008 but petitioner has been informed that he cannot be considered for 3 appointment because the panel has lost its life of one year. From the list of dates noticed above it is clear that petitioner moved the authorities promptly bringing to their notice the fraud committed by respondent no.10 and 11 to secure their selection and appointment on the basis of wrong caste certificate. The enquiry report was prompt and well within time. But the concerned authorities for reasons best known to them delayed final decision and such decision has been taken when the life of the panel expired. Since the appointment of respondent no.10 and 11 has been cancelled by the authorities, this Court is not required to consider the prayer made by the petitioner for cancellation of their appointment and hence no useful purpose will be served by ordering for issuance of notice upon respondent no.10 and 11. However, from the wait list it appears that petitioner and one Md. Hasnain Ansari are the two Urdu teachers kept in the wait list and had the authorities not issued the caste certificate wrongly to respondent no.10 and 11 and had they not been wrongly appointed then the petitioner and Md. Hasnain Ansari could have been considered for appointment against the post of Urdu 4 teachers. Such right of the petitioner is being defeated on account of delay in disposing his representation. In the facts of the case, this Court is of the view that life of the panel prescribed under rules to be one year is only for the purpose of making regular appointment against the vacancies in usual circumstances such as non joining, resignation etc but not in a case of present nature where fraud is alleged and the respondents delayed the ultimate decision on such allegation. In this case the delay in disposing of the representation is obvious and without any reasonable excuse. Hence the case of the petitioner as well as other eligible Urdu teacher in the wait list is directed to be considered by the concerned respondents for appointment against two posts of Urdu teachers from out of the wait listed teachers in accordance with law within a period of three months from today. The writ petition is disposed of. perwez (Shiva Kirti Singh, J.)