ORDER Annexure- 1 dated 31.8.2009 (wrongly typed as 31.8.2000) passed in Revision Case No.535 of 2009 and 351 of 2009 by the District Teacher Employment Appellate Tribunal, Saharsa is the bona of contention in the present writ application. By virtue of the said order, the entire appointment made under the Panchayat at the behest of the private respondents no.8 and 9 has been set aside as well as directions have been issued in terms of Annexure-1/A to make appointments afresh as part of enforcement of the order of the Tribunal. 2. It is the case of the petitioners that their appointment was carried out in terms of advertisement and after finding them eligible in all respect, there was no wrong doing as such, which is supported by the stand of the Panchayat Secretary in his counter affidavit. However, because of certain disgruntled and vested interest, this issue of appointment is being raised at a belated time frame when the appointments have already been carried out in the year 2007. The finding of the Tribunal is required to be interfered with and a settled position ought not to be unsettled now when the petitioners have been working uninterruptedly after appointment. 3. How I wish the position stated by the petitioners were correct in totality. Reading of the order passed by the Tribunal indicates the kind of mechanism, which had been adopted by the Panchayat to accommodate people, who did not have the requisite marks as well as seniority in the merit list. Both the Mukhiya and the Panchayat Secretary were hell- bent on appointing their kith and kin. When the matter blew up, they accommodated some more persons again close to them as if such employment was their personal business or largesse, which was being doled out to oblige their immediate relations. 4. With due respect to learned senior counsel for the petitioners, the position, which emerges from the pleadings in counter affidavit filed on behalf of the respondents 8 and 9, coupled with the narration of the kind of people, who came to be appointed and in the manner they have been appointed, there was no option for the Tribunal but to cancel all such appointments and make recommendation for fresh appointment by ensuring that the next round of exercise is carried out in an open and fair manner. 5.
5. Reading of the order of the Tribunal does not make this Court any happy because the findings, which have been recorded with regard to certain individuals, who found their place on the post of a Panchayat Teacher, does not seem to be because of their merit position but because of their proximity to the power that be. It cannot be the case of some or other petitioners as well that the appointment process was vitiated with regard to some and above board with regard to other. 6. The manner and mechanism adopted to defeat the claim of people with higher percentage of marks by either not informing them in time or not considering their case for one reason or the other has been dealt with in detail by the Tribunal. Such an appointment, if allowed to stand, will surely erode the public confidence in such authorities as well as it will not be in the interest of rule of law. 7. In totality, therefore, the impugned orders, contained in Annexure-1 and Annexure- 1/A, are not required to be interfered with. The writ application is dismissed. 8. The respondent authorities would be well advised to carry out the directions of the Tribunal by ensuring that no mischief is played out this time in manner of such appointments on the post of Panchayat Teachers.