Amresh Kumar and Others vs The State of Bihar and Others

Rekha Manharlal Doshit, C.J.—Feeling aggrieved by the order dated 1st May, 2012 made by the learned Single Judge in C.W.J.C. No. 8491 of 2012, the appellants have preferred this Appeal with the leave of this Court. The subject matter of dispute is the appointment of Panchayat Teachers under the Gram Panchayat Raj-Bahauta Parsa, Block-Parsa Parakha, District-Saran at Chapra pursuant to the 2006 selection process.

The said selections came to be challenged before the District Teacher Employment Appellate Authority, Saran, Chapra (here in after referred to as ''the Appellate Authority'') in Case No. 829 of 2009. After hearing the parties, the Appellate Authority, under its order dated 21st October, 2011, held that certain appointments were made in contravention of the statutory rules on the basis of forged documents and misrepresentation etc. Consequently, the Appellate Authority directed that the original certificates of the candidates be examined and the candidates who had secured employment by misrepresentation or on the strength of forged documents be removed after following due procedure.

Feeling aggrieved, one Mahendra Singh, the respondent No. 9 approached this Court under Article 226 of the Constitution in C.W.J.C. No. 8491 of 2012. Having regard to the large scale irregularities committed in the selection process, the learned Single Judge has set aside the entire selection process and has directed the concerned authorities to hold counselling afresh and to prepare a fresh merit list.

Pursuant to the aforesaid direction, a fresh counselling was made on 29th June, 2012 and fresh appointments are also made. In the process, the present appellants who were earlier appointed as Panchayat Teachers have lost their employment. Therefore, this Appeal by the appellants with the leave of the Court.

Learned advocate Mr. Lalan Kumar has appeared for the appellants. He has submitted that the appointment of the appellants was never the subject matter of challenge before the Appellate Authority; nor is there any finding that the appellants were appointed on the basis of forged documents or by misrepresentation; nor the Appellate Authority had directed the respondents to set aside the appointment of the appellants. He has submitted that'' in absence of any irregularity committed by the appellants, their service could not have been terminated and that too without giving them opportunity of hearing before the learned Single Judge.

With a view to satisfying ourselves, we have called for the records of the concerned selection process. The records have been produced before us by the Mukhiya of the Gram Panchayat. On perusal of the records, there is no gainsaying that large scale irregularities were committed in the selection process. In the circumstances, if the learned Single Judge has directed to conduct the counselling afresh and to prepare a fresh panel for appointment; we see no justification in interfering with the said order.

The Hon''ble Supreme Court, as early as in 1993, in the matter of Union Territory of Chandigarh Vs. Dilbagh Singh and others, , upheld the action of the action of the Union Territory of Chandigarh in cancelling the entire selection process on account of large scale irregularities. The Hon''ble Supreme Court has held that in such a case examination of each case is not possible; nor the principles of natural justice are attracted.

For the aforesaid reason, the Appeal is dismissed in limine. Interlocutory Applications stand disposed of.

Learned advocate Mr. Lalan Kumar seeks permission to file supplementary affidavit in support of the Appeal to bring on record further pleadings. Permission is refused.