S.K.Katriar, J.

1. The State of Bihar has preferred this appeal under Clause 10 of the Letters Patent of the High Court of Judicature at Patna, and raises a grievance with respect to the order dated 27.4.2010, passed by a learned Single Judge of this Court in C.W. J.C. No. 6120 of 2010 (Nagendra Prasad Arya & Ors. V/s. The State of Bihar & Ors.), whereby the writ petition has been allowed, and appellant no. 5 herein has been directed to issue appointment letters to the respondents herein as primary school teachers in the district of Gopalganj.

2. A brief statement of facts essential for the disposal of this appeal may be indicated. The State Government had issued advertisement for appointment of primary school teachers in different districts of the State of Bihar. We are at present concerned, with such appointments in the district of Gopalganj. The Bihar Public Service Commission conducted the selection process and forwarded its recommendations to the State Government in February, 1999. The respondents herein (writ petitioners) found their way in the merit list recommended for appointment. Appellant No. 5 entertained certain doubts about the correctness of the caste position of the respondents leading to enquiry at his level. In view of the inordinate delay or inaction taking place in the matter, the respondents had preferred C.W.J.C. No. 9176 of 2000, which was disposed of by this Court directing the authorities to take a final decision within a period of three months which was not carried out leading to contempt proceedings bearing M.J.C. No. 1197 of 2009.

2.1. During pendency of the contempt application, appellant no. 3 herein issued direction to appellant no. 5 to issue appointment letters to persons as per the recommendations of the Commission for appointment on the post of panchayat teachers. Appellant No. 5 accordingly issued letters to the respondents herein seeking their consent for appointment as panchayat teachers on the ground that, after promulgation of Bihar Primary Panchayat Teachers (Appointment and Service Condition) Rules, 2006, all posts of primary teachers of the State Government have been converted to those of panchayat teachers. The respondents did not agree to the same leading to the present writ petition which has been allowed by a learned Single Judge of this Court, and respondent no. 5 has been directed to issue appointment letters to the respondents herein as regular assistant teachers in regular pay scale in the State Government. Aggrieved by the order of the learned Single Judge, the State of Bihar and its functionaries have preferred this appeal.

3. We have perused the materials on record and considered the submissions of the learned counsel for the parties. It is evident on the face of it that the Commission had made recommendations way back in February 1999. In case appellant no. 5 entertained doubts about issues relating to the caste of the respondents, he was free to proceed and make necessary enquiries which ought to have been done within a reasonable period. We suppose the same should not have taken more than six months. It is further evident from the materials on record that the enquiry as to the caste position was in favour of the respondents.

4. The second aspect of the matter is inordinate and unexplained delay taking place in the appointments and the Pendente Lite development of promulgation of the Bihar Primary Panchayat Teachers (Appointment and Service Condition) Rules, 2006. The recommendations were made in February 1999, and the Rules were promulgated in 2006. The Rules cannot evidently affect the vacancies of 1999.

5. It also raises another vital aspect of the matter. Part-IX of the Constitution of India is headed The Panchayats. Formation of panchayats throughout the country is now a constitutional mandate, and has to be dutifully carried by all concerned in this country. In pursuance of the constitutional mandate, the Bihar Legislature has enacted the Bihar Panchayat Ra