Non-compliance with authority orders regarding appointment leads to procedural review and enforcement responsibilities upon government entities.

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

2 08-01-2026 Heard Ms. Tooba Hera, learned Advocate for the petitioners and the learned Advocate for the State.

2. The grievance of the petitioners is in limited bound to the extent that despite the specific order having been passed by the District Teacher Employment Appellate Authority, Gopalganj in appeals Nos. 12/2023, 13/2023 and other analogous cases, till date, the joining of the petitioners have not been accepted after issuance of formal appointment letter for the post advertised in the year 2008.

3. Learned Advocate for the petitioners submitted that in compliance of the order of the District Appellate Authority, Gopalganj, the Director, Primary Education has come out with the letter no. 525, dated 14.03.2024, making it clear that in any view of the matter where the dispute was kept pending and in the meanwhile new rules come into effect, nonetheless the order has been passed by a competent Court/authority, in such circumstances for the appointment of the concerned candidates, there is no need for consent of the Department. The aforesaid letter has been placed on record as Annexure-P/9. Notwithstanding the order passed by the District Appellate Authority as well as the letter issued by the Director, Primary Education, till date, the petitioners have been deprived from their appointment. This Court is also apprised that identically situated candidates who have also been deprived from their appointment despite the order passed by the District Appellate Authority, Gopalganj, have approached this Court in C.W.J.C. No. 16402 of 2025, wherein the Court having taken note of the fact, has observed that if the concerned respondent does not have any cogent reason for non-issuance of selection letters to the petitioner, it is expected that necessary order shall be passed within a stipulated time, failing which the concerned respondent is directed to remain personally present before this Court on the next date of hearing, to explain why the necessary orders have not been passed.

4.The petitioners have been litigating since long and for redressal of their grievance, they have invoked the jurisdiction of this Court finally. It has also been submitted that though under Rule 16 of the Bihar State Teaching Institution Teachers and Employees Rule 2020 , there is a prescription empowering the District/State Teachers Employment Appellate Authority to impose punishment for non-compliance of the order/direction, but the same would not serve the purpose and meet the ends of justice.

5. Be that as it may, let a counter affidavit be filed on behalf of the respondent no. 4 and 5, assigning reason as to why till date the employment unit has not passed the consequential order.

6. For the better appreciation of the matter it would be apt and proper to list this case alongwith C.W.J.C. No. 16402 of

2025.

7. It is expected that the respondent authorities shall ensure filing of the counter affidavit within a period of four weeks, in view of the observations made hereinabove.

(Harish Kumar, J)

supratim/-

U