CAV JUDGMENT

(Per: HONOURABLE MR. JUSTICE HARISH KUMAR)

Date : 18-04-2024 Both the appeals have been preferred against a common order/judgment of this Court dated 28.04.2022 passed by a learned Single Judge of this Court in C.W.J.C. No. 17954 of 2019 and C.W.J.C. No. 21685 of 2019. The impugned order dismissed both the writ petitions with a direction to the State Government not to consider any one of them for the post of Teacher and to relieve, any one, who is working on any such post. Besides the aforesaid direction, a cost of Rs.50,000/- to each one of the appellants have been imposed.

2. The chequered history of the present litigation, as gleaned from the records are as follows:

3. In terms of Bihar Panchayat Primary Teachers (Appointment and Service Conditions) Amended Rules, 2008, an advertisement was published for appointment to the post of Panchayat Teacher in Gram Panchayat Raj Mohini Mandal, Block Suppi, District Sitamarhi. Out of the seven posts, which were advertised, one was reserved for Backward Class category and two posts were for Unreserved Category, which are relevant for the present litigation. In response to the aforesaid advertisement, both the appellants have filed their applications before the Employment Unit at the Panchayat.

4. It is the case of the appellant (Gopal Kumar) in L.P.A. No. 276 of 2022 that he submitted his application under Backward Class category. After receipt of the application form from the desirous candidate, a provisional merit list was prepared on 30.12.2008, the name of the appellant Gopal Kumar finds place in BC Category. After completing all the formalities, including the publication of final merit list, no objection was raised. Accordingly, the provisional merit list has been declared as final merit list in the meeting of the Employment unit of the concerned Panchayat on 09.01.2009. Thereupon the date for counselling was fixed on 28.02.2009 by the Education department. However, none of the appellants appeared, as they were not within the consideration zone and on the said date only two persons were appointed under the Unreserved category. The rest of the posts, including the post under Backward Class category remained vacant.

5. On 21.07.2010 fresh communique was issued by the Principal Secretary, Education Department fixing the date of counselling on 13.08.2010 and 14.08.2010, inviting applications from all the candidates for filling up the posts of Panchayat Teacher in different Panchayats, where the appointment could not be completed. Pursuant thereto the appellant, Gopal Kumar along with others appeared in counselling and after proper verification of the certificates/testimonials vide letter no.10 dated 30.12.2010 appointment letter was issued in favour of the appellant Gopal Kumar, the copy of which is produced as Annexure-5 to the writ petition. On being appointed, the appellant Gopal Kumar submitted his joining in Upgraded Primary School, Mohini Mandal, Ward No.15.

6. On the other hand, it is contended on behalf of the appellant (Shankar Kumar) in L.P.A. No.340 of 2022 that in response to the advertisement for appointment to the post of Panchayat Teacher, the appellant Shankar Kumar having qualification of B.A. (honours) and being a candidate of Backward Class category submitted his application before the Employment Unit on 07.11.2008, the copy of which is produced as Annexure-1 to the writ petition. It is further contended that appellant Shankar Kumar, by caste being ‘Kurmi’ comes in the Backward Class category has submitted caste certificate of BC category, issued by the Sub-Divisional Officer, Sitamarhi. The selection committee on receipt of the application has made endorsement in the register at serial no. 209 wherein his category has been mentioned as Backward Class category. Despite the facts, as noted hereinabove, the selection committee in the provisional merit list erringly mentioned the name of the appellant Shankar Kumar in the list of unreserved category, though th