IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE NO.3907 OF 2009. RAM GOPAL ROY, S/O LATE SHIV SHANKER ROY, R/O VILLAGE CHAKIYA, P.S BARAUNI, DISTRICT BEGUSARAI. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR THROUGH THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, BIHAR, PATNA. 2.THE REGIONAL DEPUTY DIRECTOR, MUNGER. 3.THE COMMISSIONER, MUNGER. 4.THE DISTRICT MAGISTRATE,BEGUSARAI. 5. THE DISTRICT SUPERINTENDENT OF EDUCATION,BEGUSARAI. 6.THE SUB DIVISIONAL EDUCATION OFFICER, BEGUSARAI. 7.THE BLOCK DEVELOPMENT OFFICER, BARAUNI, BEGUSARAI. 8. THE BLOCK EDUCATION EXTENSION OFFICER, BARAUNI, BEGUSARAI. 9.THE MUKHIA, GRAM PANCHAYAT RAJ MALHIPUR, SOUTH BEGUSARAI. 10.THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ MALHIPUR SOUTH, BEGUSARAI. 11.SRI HARSHA CHARITRA, S/O SRI RAMESH CHANDRA, R/O VILLAGE BAGHI, P.S TOWN BEGUSARAI, DISTRICT BEGUSARAI. 12.SRI NAND KISHORE SINGH, S/O SRI RAM KARAN SINGH, R/O VILLAGE HAJIPUR, P.S BARAUNI, DISTRICT BEGUSARAI. ………………………RESPONDENTS. ---------- 07/ 01.12.2011 Having heard counsel for the parties and taking into account that the subsequent event which has been brought on record by the petitioner by filing supplementary affidavit, this Court would only direct the competent Authority to examine as to whether in view of the order of the District Teachers Appellate 2 Authority, the petitioner can be appointed on the vacancy caused on account of termination of service of one Nand Kishore Singh. It is made clear that if for the post in question any person securing higher marks and placed above in the merit list is still waiting for appointment, there would be no question to implement that part of the order of the District Teachers Appellate Authority wherein a direction has been given to verify the documents of the petitioner for his being appointed on the post of panchayat teacher in the vacancy caused on account of termination of service of Nand Kishore Singh. As a matter of fact, if the vacancy had been caused on account of termination of service of Nand Kishore Singh and the name of the petitioner did not find place in the panel/merit list, the District Teachers Appellate Authority ought to have only directed the Authority to fill up the vacancy by undergoing a fresh selection process strictly in accordance with law. The order of the District Teachers 3 Appellate Authority to that extent is, accordingly, modified and it is clarified that the vacancy caused by the termination of service of Nand Kishore Singh shall be filled up by undergoing fresh process of selection, if the name of the petitioner does not figure in the merit list and if he is not the best candidate for being appointed. With the aforementioned observation and direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J.)