Point of Law: Appointment based on merit list - Respondents have admitted the fact that the petitioner is at S. No. 1 in the merit list.

JUDGMENT :

ANIL KUMAR UPADHYAY, J.

1. Heard learned counsel appearing on behalf of the petitioner and learned Standing Counsel No. 13 for the State.

2. This matter was earlier heard at length. The Court noticing that the counter affidavit filed on behalf of the respondents as sketchy one, directed the respondents to file further affidavit. Notwithstanding the order dated 17.03.2021, no further affidavit has been filed.

3. The petitioner, who was at S. No. 1 in the merit list of unreserved category has been ignored in the matter of appointment.

4. It would be appropriate to quote the stand taken by the respondents in Para 4 of the counter affidavit:

“4. That the statements made by the petitioner in Para 1 is in the form of prayer of the petitioner before the Hon’ble High Court for grant of reliefs sought for by the petitioner and hence needs no comment. The sum and substance of the case is, in brief, as follows:-

(i) That pursuant to advertisement dated 20.12.2014 (Annexure P/1 to the writ petition) wherein the scheduled date for receiving the application was between 22.12.2014 to 21.01.2015, the scheduled date for final publication of the merit list was 04.03.2015 and the scheduled date for approval of the merit list by the District was 16.03.2015, the petitioner and other candidates applied for appointment on the post of Primary Teacher in Gram Panchayat Raj, Khairwa under Dumra Block of Sitamarhi district.

(ii) That under due procedure a merit list was prepared by the Panchayat Teacher Appointment Unit, Gram Panchyat Raj, Khairwa but the final merit list was published on 21.03.2015 after lapse of 18 days from the scheduled date 04.03.2015 and thereafter it was sent to the District Education Officer, Sitamarhi vide letter no. 02 dated 25.03.2015 (Annexure-P/4 to the writ petition) issued under the signature of Panchayat Secretary, Gram Panchayat Raj, Khairwa for approval of the District Education Officer, Sitamarhi. (iii) That the required merit list and the concerned CD were not submitted by a number of Appointments Units and so a letter bearing no. 1033 dated 05.12.2015 (Annexure-P-5 to the writ petition) was issued by the DEO, Sitamarhi to the Appointment Units to submit the required merit list with its CD in the light of Instruction/Time Table issued by the Department for appointment of the candidates belonging to Urdu Category.

(iv) That later on it was found that there was no clear instruction of the Department regarding appointment of the candidates belonging to General Category.

(v) That under the circumstances mentioned above the merit list submitted by the Panchayat Secretary, Gram Panchayat Raj, Khairwa, Block Dumra was not approved by the DEO, Sitamarhi and hence the petitioner being a candidate of General Category has not been appointed.”

5. From the averments made in the counter affidavit noted hereinabove, it appears that the respondents have admitted the fact that the petitioner is at S. No. 1 in the merit list. It is also admitted that the merit list was sent for approval of the District Education Officer, Sitamarhi. It is also evident that there is absolutely no objection so far as merit list is concerned. The only objection was that the approval of the merit list was not accorded before 16.03.2015 and as such notwithstanding the fact that the petitioner was at S. No. 1 in the merit list was ignored in the matter of appointment. In the aforesaid circumstances, the Court directed the respondents to file further affidavit but no such affidavit has been filed on their behalf.

6. In view of the above, no useful purpose would be served by keeping the matter pending. The writ petition is disposed of with a direction to the District Education Officer, Sitamarhi to verify the record in relation to the appointment of Panchayat Teacher of Gram Panchayat Raj, Khairwa, Block Dumra, District Sitamarhi and if it is found that the petitioner is at S. No. 1 in the merit list, he shall ensure appointment of the petitioner in unreserved