ORDER Heard counsel for the appellant. The petitioner had filed the writ petition praying that the respondents be directed to consider the case for appointment to the post of the Metric Trained Assistant Teacher in any Primary/Middle School in the district of Hazaribagh. The writ petition filed by the appellant as well as the Letters Patent Appeal were dismissed by this Court on the specific plea taken by the State that the name of the petitioner did not find place in the Panel prepared for the purpose of selection. Accordingly, the matter went to the Supreme Court and before the Supreme Court, the State took a somersault and admitted that the name of the petitioner did find place in the Panel. The Supreme Court, therefore, remanded the matter to the High Court for considering the case in the light of the admission made in the counter affidavit filed before the Supreme Court. When the matter came up before the learned Judge of this Court, the same has been dismissed on the ground of delay. It is no doubt true that the Panel was prepared sometime in the year 1986, but it is also true that large number of writ petitions were found pending before the High Court and the legal position was not very clear. It appears that on account of confusion that prevailed, the appellant did not immediately file a writ petition and waited for the result of the other writ petitions. We are of the view, having regard to the facts and circumstances of the case that delay if any in filing the writ petition should not completely defeat the right of the appellant. Admittedly candidates placed below the appellant in the Panel have been appointed. If the State Government has not made a wrong submission before this Court, perhaps the writ petition .preferred by the petitioner may have been allowed. In this circumstance, the right of the appellant cannot be defeated completely unless the State pleads that in view of the delay, all posts have been filled up and there is no vacancy in the cadre of Assistant Teacher (Middle Trained Scale) in the district of Hazaribagh. Counsel for the appellant fairly submitted that she would not claim back wages even if she is appointed. Counsel for the appellant fairly submitted that she would not claim back wages even if she is appointed. In the circumstance, we allow this appeal and direct the respondents to consider the case of the appellant for appointment to the post of Metric Trained Assistant Teacher in any Primary/Middle School in the district of Hazaribagh, if a vacancy exists against which the appellant may be appointed. If appointed, as undertaken by the appellant, she will not be entitled to any back wages, but will be paid her pay and allowances in accordance with rules. Needless to say that the appellant must produce all her original certificates to establish her eligibility before issuance of letter of appointment. We, further direct that this order should be implemented within a period of three months from the date on, which a copy of this order is produced before the respondent no.2 or 4.