S.J.MUKHOPADHAYA, J. - (1.) THE petitioner applied for appointment to the post of Primary Teacher in Sanskrit in any of the Primary School, in pursuance of the advertisement dated 15th April, 1986, issued in the newspaper 'Aaj '. After interview, the districtwise panel was prepared and in pursuance of circular dated 2nd July, 1989, persons belonging to other districts, were not empanelled. Aggrieved with the same, a number of persons preferred writ applications for inclusion of their names in the panel, including the petitioners, who filed CWJC No. 1918 of 1989 (R) for similar relief. Ranchi Bench of Patna High Court vide order dated 28th July, 1995 while disposed of the writ petitioner and others against the existing vacancies or in case of no vacancy, against the future vacancies. However, when the claim of the petitioner was rejected vide letter No. 4881, dated 14th November, 1996, on the ground that he had not appeared at the interview, held on 2nd May, 1987, he preferred CWJC No. 2984 of 1997(R). In the said case, while the Court did not take into consideration that ground, remitted the matter to the respondents to reconsider the case of the petitioner.
(2.) THE respondents again reconsidered the case and rejected it vide letter No. 309 dated 16th April, 1999 on the same ground that the petitioner had not appeared at the interview. In the present case, the Court having noticed that the rejection letter No. 309 dated 16th April, 1999, passed by the District Superintendent of Education, Dhanbad, is prima facie in contravention of an order, passed by this Court on 3rd February, 1999 in CWJC No. 2984 of 1997 (R), Mathura Prasad Thakur V/s. State of Bihar & Ors., by order dated 26th March, 2004 granted some time with a liberty to the respondents to determine as to whether they intend to recall the order, contained in letter No. 309 dated 16th April, 1999 and to reconsider the case of the petitioner in the light of the earlier order dated 3rd February, 1999, passed in CWJC No. 2984 of 1997(R), or not.
(3.) A counter affidavit has been filed on behalf of respondents No. 2 and 3, apart from a show cause, filed by the District Superintendent of Education, Dhanbad (respondent No. 3). A petition is stated to have been filed on behalf of the Deputy Commissioner, Dhanbad, to the effect that she did not appear before the Court as she is out of State in connection with training.;