SHIV KISHORE SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties. In this writ application, 71 petitioners have assailed the common order and judgment dated 29.6.2012 of the District Teachers Employment Appellate Tribunal, Saran (hereinafter to be referred to as 'the Tribunal') in Appeal Case No. 60 of 2011, 95 of 2011, 94 of 2011, 68 of 2011 and 107 of 2011, whereby and whereunder, the Tribunal has refused to issue a direction for appointment of the petitioners on the post of Prakhand Teacher. A consequential direction has. also been sought from this Court for issuance of appointment letter to all the petitioners in view of their being successful candidates pursuant to the selection, process undertaken for appointment to the post of Prakhand Teacher.

(2.) Learned counsel for the petitioners while assailing the impugned order passed by the Tribunal, has basically concentrated on the aspect that once the selection process was already completed for appointment on the post of Prakhand Teacher and the petitioners were found placed in the merit list and the panel, they could not have been denied appointment on the post of Prakhand Teacher. It has also been submitted that this Court may itself call for the counseling register for verification of the claim of the petitioners inasmuch as they cannot be penalized for the deliberate mistakes committed by the recruiting unit including its Ex-Pramukh or the Block Development Officer.

(3.) Learned counsel for the State on the other hand has submitted that the findings of the Tribunal to the effect that, the entire selection process being itself vitiated by fraud including tampering of the records at the instance the Ex-Pramukh in course of preparation of the merit list, by itself would disentitle the petitioners to claim their appointment on the post of Prakhand Teacher specially when the second phase of appointment on the post of Prakhand/Panchayat Teacher under the relevant decision of the State Government has already been closed on 31.12.2010 wherein all the remaining vacancies of the second phase have to be filled up by ongoing fresh process of appointment of the third phase based on new criteria in terms of Rules framed in 2012.