IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.945 of 2007 MANOJ KUMAR MANDAL Versus THE STATE OF BIHAR &ORS ----------- For the appellant : Mr.A.C.Nirankar, Adv. Mr. Madhu Prasun, Adv. For the State Mr.Aruop Kumar Chongdar, Adv. - - - - - - - 3 23.07.2008 The decision of the Gram Panchayat, Gajahara in the district of Madhubani dated 9th March 2003 whereby the respondent no.9 was appointed as Shiksha Mitra was assailed by the appellant by filing a writ petition. The writ petition having been dismissed by an order dated 26th September 2007, the appellant is before us. By the judgment and order under appeal, while the learned Judge dismissed the writ petition, His Lordship however, took note of the fact that in the Select-list appellant obtained the first place on the basis of his merit. His Lordship further took notice of the fact that despite being the first person in the Select-list, the appellant was not appointed, instead the respondent no.9 was appointed. The learned Judge while dismissing the writ petition noted that the reason for not appointing the appellant was that it was reported by the Chairman of the Selection Committee as well as by the Mukhiya of the Gram Panchayat that the - 2 - appellant is mentally unsound. We have also perused the minutes and found that such representation had, in fact, been made. In law, however, such representation could not be acted upon, inasmuch as in this country, unless a person is declared as a person of unsound mind by an appropriate court of law, law requires that he should be treated to be a person of sound mind. It is unfortunate that on the basis of hearsay, not only the local self-government acted, but even the Officers of State acted on such unwise, illegal, irrational and mis-chievous, though mala fide, decision of the appointment Committee. Under the circumstances, we set aside the judgment and order under appeal, while allowing the appeal and at the same time quash the decision of the Committee being Resolution No.4 of the meeting held on 9th March 2003 and consequently quash the appointment of Respondent no.9 and direct the Panchayat to appoint the person adjudged to be entitled to hold the first position in the Select-list, as depicted in the said resolution, as Shiksha Mitra within a period two weeks from the date of service of copy of this order upon the Mukhiya of the concerned Panchayat with a further direction to - 3 - the State and its Officials to forthwith grant approval to such appointment. Let it be recorded that notices of this appeal have been validly served upon the respondent Nos. 7 to 9 but none of them has appeared and the counsel appearing on behalf of respondent nos. 1 to 6 did not make any submission. Jay/ (Barin Ghosh,J) (C.M.Prasad,J)