The court emphasized the importance of a fair and proper selection process and the need for evidence to support claims in appointment disputes.

JUDGMENT

1. Heard Mr. Bipin Bihari Singh, learned Advocate for the petitioners and Mr. S.B.K. Mangalam for the respondent nos. 10 in both the writ petitions. The State is represented by Mr. Prabhakar Jha, learned GP-27 and Mr. Madanjeet Kumar, GP-20 respectively.

2. In the camp interview which was held on 18.11.2016 in Kakan Panchayat, Jokihat Block in the district of Araria, respondent nos. 10 in both the writ petitions viz. Md. Shoaib Alam and Md. Shahnawaj Alam respectively were appointed as Teachers in Urdu subject. Their appointments were challenged by the writ petitioners before the District Teachers Appellate Authority, Araria vide Cases No. 5/16 and 13/16 respectively.

3. It is the case of the writ petitioners that despite their having more marks than respondent nos. 10 in both the writ petitions, they were not appointed because they were never called for counselling even though they were present.

4. They made a complaint regarding the same but nothing was done in that regard. Per force, they had to prefer an appeal before the District Teachers Appellate Authority, Araria challenging the appointment of respondent nos. 10 in both the writ petitions.

5. The District Teachers Appellate Authority, Araria by order dated 27.02.2018, found the selection process to be highly irregular and consequently found the appointment of respondent nos. 10 viz. Md. Shoaib Alam and Md. Shahnawaj Alam to be bad in the eyes of law. Hence, their appointment/selection was set aside and the writ petitioners were appointed as Teachers in their places.

6. This decision of the District Teachers Appellate Authority was challenged by the respondents before the State Appellate Authority, where the finding of the District Teachers Appellate Authority was reversed and it was found that the respondents herein had a rightful claim to such posts.

7. The learned counsel for the petitioners has drawn the attention of this Court to an earlier order passed by the predecessor Bench on 05.04.2021 which records as follows:

"In pursuance to the order dated 15.03.2021, the Block Development Officer, Jokihat, Araria and the Panchayat Secretary, Jokihat Block are present.

The Block Development Officer concedes that the register produced in this proceeding does not inspire any confidence as it is not dully paginated and maintained.

The register submitted by the respondents is kept on record.

The Block Development Officer, Jokihat, Araria is directed to make a detailed enquiry into the matter and adopt all corrective measures. The Panchayat Secretary is directed to extend full cooperation in the enquiry to be conducted by the Block Development Officer, Jokihat.

The personal appearance of the Block Development Officer, Jokihat, Araria is dispensed with.

The Panchayat Secretary shall ensure his physical presence before this Court on 3rd of May, 2021.

Put up this case on 3rd of May, 2021. Until further order, the order passed by the State Appellate Authority shall be kept in abeyance."

8. With the aforesaid order of stay over the implementation of the order passed by the State Appellate Authority, the petitioners are continuing on such posts. It is the case of the writ petitioners that they have more marks than the respondents and that deliberately their names were not called out in the selection process.

9. As opposed to the aforesaid contention, Mr. Mangalam, learned Advocate appearing for the respondents has submitted that the Appellate Authority took note of the fact that the writ petitioners had more marks but by referring to the procedure adopted in camp interviews, found that the writ petitioners were not present when their names were called out.

10. The State Appellate Authority has found, on the contrary, that the respondents had appeared in the camp interview and had submitted their original certificates and therefore, they were selected and employed. The Block Development Officer and the Block Education Officer, Jokihat had reported, on the conclusion of the camp on18.11.2016