1. The four petitioners were selected in 2007 as Primary Panchayat Teachers. Consequent to selection, some of the persons though who were much higher in the merit list but were not selected appealed to the Block Development Officer (B.D.O.). The Block Development Officer-cum-Appellate Authority in terms of Rule 18 of the Bihar Panchayat Primary Teachers (Appointment and Service Condition) Rules, 2006, as it then was, called for the records of selection and appointment. He found that people who v re far above in the merit list were not appointed, instead showing them absent at the time of counseling, petitioners, who were below in the merit list were appointed. He, accordingly, set aside the appointment of the four petitioners and directed the Panchayat Samiti to re-consider the matter as per the merit list. When this matter for compliance was reported to the Panchayat Samiti, the Panchayat Samiti instead of implementing the order noticed that the petitioners were rightly appointed because all the persons above them in the merit list had failed to turn up for counseling and, as such, the Panchayat Samiti had decided to reject their applications. The Panchayat Samiti, accord