Sabita Devi @ Sabita Kumari vs The State of Bihar and Others

J.N. Singh, J.—Finding of the Appellate Authority is that the petitioner, at the relevant time, was a Ward Member and in that capacity she had participated in the selection process all through and signed the registers etc. Taking advantage of the same, she got herself appointed as Panchayat Teacher. The Appellate Authority has found that the petitioner''s signatures are on the registers and documents concerning selection process, prima facie establishing that she had participated in the selection process as a Ward Member. Hence it was highly improper for her to apply for her appointment as Panchayat Teacher and get herself appointed, may be, by exercising undue influence on the other members of the Committee.

Stand of the petitioner is that at the behest of Mukhiya she was asked to sign some papers which she did not know were concerned with the selection process.

It is difficult to believe that being a Ward Member, petitioner signed papers without knowing the contents. Hence, in view of this finding of the Appellate Authority, this Court finds that the appointment of the petitioner has been rightly ordered to be cancelled. In addition, this Court directs the District Magistrate to examine the matter and consider what further action can be taken against the petitioner as well as against other members of the Selection Committee for selecting and appointing petitioner as Panchayat Teacher although she was member of the Selection Committee and had participated in the selection process.

Learned counsel for the petitioner is correct to the extent that the Appellate Authority could not direct for appointment of a particular candidate even if that candidate had higher percentage of marks than other persons before it. It has to be borne in mind that on all resultant vacancies selection and appointment of most suitable candidates is the function of the Employment Agency and not of the Appellate Authority.

In the circumstances, alongwith the case of respondent no. 10, the Employment Agency shall examine the cases of other candidates also to check up comparative merits for appointment on the vacancy. The process must be completed by all concerned preferably within three months from the date of receipt/production of a copy of this order. This writ application is accordingly dismissed.