PATNA HIGH COURT BIHAR VETERINARY ASSOCIATION Vs. STATE OF BIHAR HONBLE JUDGES:SUDHIR KUMAR KATRIAR, J.

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 2.2.2007 (Annexure 5), passed by this learned Collector of the district of East Champaran, Motihari, in Misc. Case No. 10 of 2006 (Arvind Mishra V/s. State of Bihar and Ors.), whereby he has set aside the selection process for appointment of Shiksha Mitra in the East Saraiya Panchayat, Paharpur Block, under a scheme of the department of Human Resources, known as "Sarva Shiksha Abhiyan".

(2.) Elaborate submissions have been advanced by learned Counsel for the parties in support of their respective stand. According to the writ petition, the Gram Panchayat Purvi Saraiya had issued an advertisement inviting applications from eligible candidates for selection of Shiksha Mitra in the various centres of the Panchayat. The seven petitioners of this writ petition were also applicants. After completion of the selection process, the merit list was prepared. Aggrieved by the same, a few unsuccessful candidates moved this Hon 'ble Court by prefering CWJC No. 7735 of 2005, which was disposed of by order dated 12.7.2006 (Annexure 4), whereby the petitioners were given the liberty to represent their cases before the Collector of the district to be disposed of by speaking order(s) within the time indicated in the order. Those petitioners did submit their representations leading to the impugned order whereby, for the reasons assigned therein, the entire selection process held earlier has been set aside, and the Panchayat has been directed to undertake fresh selection process. Hence this writ petition.

(3.) WHILE assailing the validity of the impugned action, learned Counsel for the petitioners submits that the learned Collector overlooked the counter affidavit filed by the Deputy Superintendent of Education in CWJC No. 7735 of 2005, wherein she had stated that,"...there is no illegality in preparing the selection list for appointment of the Panchayat Shiksha Mitras." It is next submitted that the learned Collector has not examined individual cases, particularly those of the present petitioners, and has instead set aside the entire selection process. Such an approach by the same Collector has been disapproved by this Court in its judgment dated 30.5.2005, passed in CWJC No. 2932 of 2007 (Santosh Kumar and Ors. V/s. State of Bihar and Ors.).