IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10724 of 1997 SUNDESHWAR SHARMA & ANR Versus THE STATE OF BIHAR & ORS ----------- 15/ 12/8/2008. Heard learned counsel for the petitioners, learned counsel for the State and learned counsel appearing for respondent No.6. In this writ petition filed in the year 1997 the challenge was to an order dated 2.9.1997 bearing separate Memo Nos.241 and 243 by which respondent No.6 was alleged to have illegally appointed respondent Nos.7 and 8 on the post of Mali and steno-typist in the Rural Institute of Higher Studies, Birauli at Samastipur. The further prayer made was that directions be issued to make appointments in accordance with law when the case of the petitioner should also be considered. A counter affidavit has been filed on behalf of respondent No.6 on 7.2.2000. It defends the appointments of respondent Nos.7 and 8 as being in accordance with law. It appears that the appointments of respondent Nos.7 and 8 were challenged in another writ application bearing C.W.J.C. No.5809/94 (Bateshwar Thakur vs. The State of - 2 - Bihar & Ors.). With reference to the aforesaid writ application directions were issued for termination of the services of respondent Nos.7 and 8 on 29.7.1994 as appended at Annexure-12. The submission is that notwithstanding the same their services have not been terminated. The counter affidavit filed on behalf of respondent No.6 does not make any reference to the aforesaid writ application. Another counter affidavit on behalf of the State respondents affirmed by the Assistant Director, Higher Education states specifically at paragraph-5 that the appointment of respondent Nos.7 and 8 was a back door appointment and, therefore, illegal which was challenged in C.W.J.C. NO.5809/94. It specifically pleads thereafter in the very same paragraph that subsequently they (respondent Nos.7 and 8) were terminated from their respective posts when this Court in the aforesaid writ application on 18.1.1996 had directed the posts in question to be advertised and filled up in accordance with law. That accordingly directions have been issued on 31.3.1997 to respondent No.6 to proceed to make appointments afresh in accordance with law. - 3 - This aspect of the matter also does not appear to be finding reference in the counter affidavit of respondent No.6. In view of the facts as noticed above, this Court considers it proper to dispose off this writ application with directions to the Director, Higher Education, Human Resources Development Department, Government of Bihar, respondent No.3, to examine the issue of the appointment of respondent Nos.7 and 8 in light of the directions of the High Court and the consequent action taken thereupon to comply with the order of the High Court for making fresh appointments in accordance with law. Since neither of the parties have chosen to bring on record the orders of the High Court on the earlier occasion or orders of termination of respondent Nos.7 and 8, this Court is left with no option, but to pass the order of the present nature. Let appropriate action, in accordance with law vis-à-vis respondent Nos.7 and 8 and the directions of this Court for making appointments, in accordance with law, be considered and acted upon within a maximum - 4 - period of five months from the date of receipt/production of a copy of this order. If an advertisement is issued for regular appointment and the petitioners apply for the same, this Court directs that they shall be adequately considered and if they fulfil the eligibility criteria otherwise, they should be granted age relaxation considering that they came to this Court in 1997 when the matter remained pending till presently for no fault of theirs. The writ application stands disposed. KC ( Navin Sinha,J )