IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7072 of 2000 Harilal Yadav, son of Shree Ramanand Yadav, resident of village & Panchayat – Baharkhal, Post Office- Khudana Rupaspur, Police Station – Rawtara, Block- Korha, District- Katihar. --------- Petitioner Versus 1. The State of Bihar. 2. The Director, Directorate of Panxhayati Raj, Government of Bihar, Patna. 3. The Commissioner, Purnia Division, Purnia. 4. The District Magistrate, Katihar. 5. The Deputy Development Commissioner, Katihar. 6. The District Panchayat Raj Officer, Katihar. 7. The Principal, Panchayat Training Institutes, Jasidih at Deoghar. --------- Respondents (I Set) 8. Md. Keshar Alam, Son of Md. Ayas Alam, resident of Gram Panchayat-Gaighati, Police Station and Block-Ajamnagar at present getting the training of the post of Panchayat Sewak in Panchayat Training Institute, Jasidih at Deoghar. 9. Md. Illiyas, son of Abdul Mazir, resident of Gram Panchayat-Barsoi Bazar, Police Station and Block Barsoi, at present getting the training of the post of Panchayat Sewak in Panchayat Training Institute, Jasidih at Deoghar. 10. Sant Kumar, son of Mohan Lal Agrawal, resident of Gram Panchayat-Rosan English, Police Station and Block- Kanpur at present getting the training of the post of Panchayat Sewak in Panchayat Training Institute, Jasidih at Deoghar. 11. Kamal Kishor Prasad, son of Dinesh Prasad, resident of Village- Raghunathpur, Under Gram Panchayat- Barsoi Ghat, Police Station and Block- Barsoi at present getting the training of the post of Panchayat Sewak in Panchayat Training Institute, Jasidih at Deoghar. 12. Md. Sikandar, son of Md. Khatir Ali, resident of Village & Gram Panchayat- Musapur, Police Station and Block- Korha at present getting the training of the post of Panchayat Sewak in Panchayat Training Institute, Jasidih at Deoghar. 13. Islamuddin, son of Md. Yaku, resident of Village and Gram Panchayat- Abadpur, Police Station and Block- Barsoi at present getting the training of the post of Panchayat Sewak in Panchayat Training Institute, Jasidih at Deoghar. 14. Manobal Alam, Son of Md. Rafik, resident of Gram Panchayat- Balsama, Police Station and Block- Ajamnagar at present getting the training of the post of Panchayat 2 Sewak in Panchayat Training Institute, Jasidih at Deoghar. 15. Awadh Kishor Singh, son of Babulal Singh, resident of village & Gram Panchayat- Bhandar Tal, Police Station and Block – Barari at present getting the training of the post of Panchayat Sewak in Panchayat Training Institute, Jasidih at Deoghar. 16. Abdul Latif, son of Asgar Ali, resident of village and Gram Panchayat –Sakreli, Police Station and Block- Barari at present getting the training of the post of Panchayat Sewak in Panchayat Training Institute, Jasidih at Deoghar. 17. Abdul Jalil, son of Sheikh Sikandar, resident of village- Kotholar, Under Gram Panchayat- Jagdishpur, Police Station & Block – Barari at present getting the training of the post of Panchayat Sewak in Panchayat Training Institute, Jasidih at Deoghar. 18. Bhagwan Jha, son of Divakar Jha, resident of Village and Gram Panchayat- Kataria, Police Station and Block- Barari at present getting the training of the post of Panchayat Sewak in Panchayat Training Institute, Jasidih at Deoghar. 19. Md. Nurul Hussan, Son of Md. Alsar Ali, resident of Village- Riyal Para, Under Gram Panchayat- Dagol, Police Station & Block- Balrampur at present getting the training of the post of Panchayat Sewak in Panchayat Training Institute, Jasidih at Deoghar. 20. Md. Muslim, Son of Abdul Manan, resident of village and Gram Panchayat- Barari at present getting the training of the post of Panchayat Sewak in Panchayat Training Institute, Jasidih at Deoghar. 21. Inamul Haque, son of Ajlul Haque, resident of Village Baheri, Under Gram Panchayat- Ramchandrapur, Police Station & Block- Pranpur, District- Katihar at present getting the training of the post of Panchayat Sewak in Panchayat Training Institute, Jasidih at Deoghar. 22. Nijamuddin, Son of Liyakat, resident of Gram Panchayat Para, Police Station & Block – Hassanganj, District- Katihar at present getting the training of the post of Panchayat Sewak in Panchayat Training Institute, Jasidih at Deoghar. 23. Khursid Alam, son of Md. Subed Ali, resident of Gram Panchayat- Semapur, Police Station and Block Barari, District-Katihar at present getting the training of the post of Panchayat Sewak in Panchayat Training Institute, Jasidih at Deoghar. 24. Nausad Ali, son of Manan ali, resident of Gram Panchayat- Baghchhala, Police Station and Block- Ajamnagar, District- Katihar at present getting the training of the post of Panchayat Sewak in Panchayat Training Institute, Jasidih at Deoghar. 3 25. Mirbur Alam, son of Sanauddin, resident of Gram Panchayat- Beria, Police Station and Block- Amedabad, District- Katihar at present getting the training of the post of Panchayat Sewak in Panchayat Training Institute, Jasidih at Deoghar. 26. Nizaul Haque, son of Majrul Haque, resident of Gram Panchayat- Masanpur, Police Station and Block- Barsoi, District- Katihar at present getting the training of the post of Panchayat Sewak in Panchayat Training Institute, Jasidih at Deoghar. 27. Shamsul Haque, son of Abdul Rahman, resident of Gram Panchayat- Durgapur, Police Station & Block Barari, District- Katihar at present getting the training of the post of Panchayat Sewak in Panchayat Training Institute, Jasidih at Deoghar. 28. Md. Aslam, son of Amanullah, resident of Gram Panchayat- Jagnathpur, Police Station and Block- Katihar at present getting the training of the post of Panchayat Sewak in Panchayat Training Institute, Jasidih at Deoghar. 29. Samim Akhtar, son of Janual Abdin, resident of Gram Panchayat- Rampur, Police Station & Block- Hassanganj, District- Katihar at present getting the training of the post of Panchayat Sewak in Panchayat Training Institute, Jasidih at Deoghar. 30. Faiyaz Alam, son of Sheikh Kasim, resident of Gram Panchayat-Sudhani, Police Station & Block Barsoi, District Katihar at present getting the training of the post of Panchayat Sewak in Panchayat Training Institute, Jasidih at Deoghar. 31. Mahmud Alam, son of Md. Musa, resident of Gram Panchayat- Kantnagar, Police Station and Block- Barari, District- Katihar at present getting the training of the post of Panchayat Sewak in Panchayat Training Institute, Jasidih at Deoghar. 32. Mujahir Alam, son of Najimuddin, resident of Gram Panchayat- Gorkhapur, Police Station and Block- Ajamnagar, District at present getting the training of the post of Panchayat Sewak in Panchayat Training Institute, Jasidih at Deoghar. ----------- Respondents (II Set) -------------- RESPONDENTS. ----------- For the Petitioner :- Mr. J.K. Roy, Adv. For the State :- Govt. Pleader No.4 For the Respondents 8 to 32 :- Mr. Ram Kishore Singh, Adv. 7 19.5.2009 Heard counsel for the parties. In this writ application, the prayer of 4 the writ petitioner reads as follows:- “1. That this is an application for issuance of an appropriate writ(s), order(s) or direction(s) for quashing the order issued by the District Magistrate, Katihar vide Memo No. 169 dated 3.7.2000 related to respondents (II Set) on the ground they are junior to the petitioner and as also against the vacancies of general categories against which they have been selected/appointed on the post of Panchayat Sewak in the impression and mis-interpretation by the authorities the post of General categories are only meant for the persons belonging to Forward class and not on the basis of merit/seniority list as the case may, of Dalpaties amongst which who ever belongs to any caste can be selected/appointed on the post of Panchayat Sewak in general category and as also in view of the order passed by the Hon’ble Court in the similar matter by the order dated 26.9.1997 in C.W.J.C. No. 10234 of 1994 and in other case the order dated 1.2.2000 passed in C.W.J.C. No. 9258 of 1998.” In view of the stand taken by the respondents themselves in their counter affidavit that the Government policy of reservation and the roaster was not strictly followed in the preparation of merit list and consequential appointment of the respondents, the allegation made by the petitioner in this 5 writ application automatically gets confirmed. The question now would be as to whether the petitioner can get the benefit of selection. For doing so, some or at lease one of the respondents will have to be removed from the selection list. This aspect of the matter thus can be gone into more effectively by the Director, Panchayati Raj who after getting the records of such selection and issuing notice and hearing Respondent Nos. 8 to 32 would redraw a revised merit list by following the rules of reservation and roaster as prevailing on the date of earlier selection which will be forwarded to the Collector of the district and the Collector of the district being an appointing authority will thereafter take his an appropriate decision on the basis of such enquiry and revised merit list prepared by the Director of the Panchayati Raj. It goes without saying that if the petitioner’s name is included with revised merit list of Director, Panchayati Raj and eventually he is appointed by the Collector, he will not get salary for this period but 6 then his seniority will be definitely fixed on the basis of his position in panel and by ranking him above any person who would be placed below him in the revised merit list and has already been appointed on the basis of earlier merit list. Since the matter has remained pending before this Court for almost nine years, this Court would expect the Director of the Panchayati Raj to take a final decision in the matter within a period of four months from the date of filing of such representation by the petitioner explaining the whole thing in a compact manner with the help of necessary documents and the Collector of the district thereafter would pass his necessary order within two months on receipt of the report and revised merit list of the Director of the Panchyati Raj. With the aforementioned observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)