IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2696 of 2009 Rajesh Singh . Versus The State Of Bihar & Ors . ----------- 3 4.7.2011 Heard counsel for the petitioner and the counsel appearing for the State. Petitioner had applied for the post of Panchayat Teacher in the first phase of appointment of Bihar Panchayat Primary Teacher Selection and Service Condition Rule 2006. Petitioner was informed by the Mukhiya Respondent no.9 vide letter no. 15 dated 16.10.2007 that he has been selected for the post of Panchayat Teacher and appointment letter would also be issued after counselling on 24.10.2007. The petitioner obtained 64% in matriculation and 69% in intermediate but the concerned Mukhiya deliberately and malafidly absented himself on the dates fixed for counselling on 24.10.2007 and on 25.10.2007. Due to this malafide act of the Mukhiya posts of Panchayat teachers remained vacant as no appointment could be made. Petitioner filed an application before the Block Development Officer, Darauli, who was Appellate 2 authority under the Rules at the relevant time, in the matters of appointment and termination. However, no specific order was passed by the BDO for holding the counselling of the candidates rather he observed that the appointment has failed, as such now there cannot be any appointment. Petitioner’s grievance is that the Block Development Officer had committed an illegality by closing the appointment process on 22.11.2007 itself when the Government letter dated 8.11.2007 has been issued by the Human Resources Development Department, Govt. of Bihar, specifying 31.12.2007 as date after which no appointments can be made. Counter affidavit indicates that the posts remained vacant, could not be filled in the light of direction issued by the Human Resources Development Department contained in letter no. 4053 dated 8.11.2007. At this juncture Considering the statement made in the counter affidavit, I do not find that any directions can be issued for filling vacant posts of first phase appointment of Panchayat teachers, by completing process of selection, when second 3 phase of appointments under the provisions of 2008 rules have already been started The writ application stands dismissed. A. Kumar ( Mridula Mishra, J.)