Mohit Kumar Shah, J.—The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

2. The present writ petition has been filed for quashing the letter dated 16.01.2019 issued by the Deputy Development Commissioner-cum-Chief Executive Officer, Jehanabad whereby and whereunder the case of the petitioner for appointment on the post of Librarian has been rejected on the ground of non-availability of any vacant post. The petitioner has further prayed to direct the respondent authorities to include the name of the petitioner in the merit list prepared for the purposes of counselling for making appointment on the post of Librarian inasmuch as the petitioner has got more marks than others and further ensure her joining against a vacant post, as available on 26.07.2017 in terms of the order dated 26.07.2017 passed by the District Appellate Authority, Jehanabad in Appellate Case No. 42 of 2016.

3. The brief facts of the case are that in the year 2008 the respondents had initiated the appointment process within the district of Jehanabad for the post of Librarian and the eligibility criteria for the said post was that the candidate should be possessing graduation degree in Library science with minimum 50% marks. The petitioner being eligible, had applied for the said post of Librarian in the general quota on 11.11.2008 and had enclosed the mark sheet of matriculation dated 22.02.1987, issued by the Principal of High School, Sarta on the basis of cross list, in which the petitioner was shown to have passed the matriculation examination in 2nd Division . However, the Board had issued the matriculation certificate on 25.08.1987, which could not be traced out on the date of filling of the application form, hence the mark sheet supplied by the Principal of the School on the basis of cross list was attached with the said application form and after the certificate was traced out, the petitioner had applied for supply of mark sheet, before the Board, which was supplied on 14.01.2009 and the same was immediately submitted with the respondent authorities.

4. It appears that on account of unavoidable circumstances, the appointment could not be made during the stipulated time, however, subsequently, the department of Education vide letter dated 03.07.2012, had directed the Zila Parishad, Jehanabad to undertake the process of appointment for the post of Librarian whereafter, the process of counselling was initiated in which the candidates were asked to submit their certificates and marks sheets pertaining to their academic qualifications, pursuant whereof, the petitioner had also submitted her documents but unfortunately again the process of appointment was stopped. Again in the year 2015, the Director, Secondary Education, Bihar, Patna, vide letter dated 10.12.2015 had fixed 21.12.2015 as the date of counselling. However, surprisingly the respondent Zila Parishad Employment Unit/ Committee prepared the merit list for counselling on 18.12.2015 from which the name of the petitioner was removed, without asking the petitioner to clarify the doubts/ confusion, if any and a remarks was appended as follows:- “Matric mark sheet After Apply Not Match”. The petitioner had then challenged the said action of the Zila Parishad Employment Unit/ Committee, of removing her name from the merit list before the District Teachers’ Appellate Authority, Jehanabad by filing an appeal bearing Appellate Case No. 42 of 2016. The District Teachers’ Appellate Authority, Jehanabad had heard the case in detail and by an order dated 17.07.2017 had allowed the appeal, finding that the petitioner has been successful in her claim and had quashed the decision of the Zila Parishad Employment Unit/ Committee, Jehanabad dated 18.12.2015/ 25.07.2015 [specially the one contained in paragraph No.5 (ii) thereof], whereby the name of the petitioner was removed from the