The main legal point established is that fraudulent conduct in the appointment process can invalidate the appointment, and the absence of a specific time limit for filing a complaint does not preclude the validity of the complaint.

Mihir Kumar Jha, J

1. Heard counsel for the parties.

2. The petitioner in this writ application has assailed the order dated 28.05.2009 passed by the District Teachers Appellate Authority West Champaran hereinafter referred to as the Authority, whereby and whereunder, the complaint filed by the petitioner as against her termination of service and the consequential appointment of respondent no. 9 on the post of Panchayat Teacher has rejected.

3. The facts which are not in dispute and would be sufficient for disposing of this writ application lie in a very narrow compass. The post of Panchayat Shikshak having fallen vacant in South Ghogha Panchayat in the district of West Champaran, a selection procedure was initiated in terms of Bihar Panchayat Teachers Appointment Rules-2006. After submission of application forms, a merit list was prepared on 24.12.2006, wherein, respondent no. 9 was found to be the best candidate among the backward category with 64 per cent marks amongst untrained candidates. It has to be noted that in the same merit list Harendra Ram was found to be the best candidate with 72 per cent marks under the Scheduled Caste category, one Farida Khatoon with 67.91 per cent marks in the most backward female category, Sabir Miandad with 78.13 per cent in the most backward category. The said merit list dated 24.12.2006, obviously was to be now acted upon, inasmuch as, it was mentioned therein, that the counselling would be held on 30.12.2006 at 10 am in Primary School, Mohaddi Sudhar.

4. Surprisingly, this merit list contains signature of only Farida Khatoon and no other person which would be the evidence of the fact that no other candidate was made even aware of the process of counselling to be fixed on 30.12.2006. In fact, there is nothing on record to show that when the merit list was finalized on 24.12.2006, any information was sent to all the other fours candidates. This aspect of the matter get clarified also from the proceedings of 30.12.2006 because on that day the Selection Committee had actually considered the case of the trained teacher, Vijay Kumar Mishir, and thereafter had taken a decision that the information be sent to all the four candidates of all the untrained category as named above. It is therefore, clear that when the alleged information was sent on 30.12.2006 to the four candidates fixing next date of counselling on 08.01.2007, opportunity was sought to be given to all the four candidates ranking highest in respective category to appear and get selected after producing their original marksheets/ certificates on the basis of which they had ranked first in their respective category.

5. It, however, transpires from perusal of the record that the bungling was sought to be committed at this stage, inasmuch as, in the inquiry conducted by the Sub-divisional Education Officer, it has been found :-

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