1 IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9282 of 2007 Babita Kumari, wife of Birendra Choudhary, resident of Village Ayar, P.S. Ayar (Jagdishpur), Dist. Bhojpur (Ara). Versus 1.The State Of Bihar. 2.The Secretary cum Commissioner, Human Resources Development Department, State of Bihar, New Secretariat, Patna. 3.The District Magistrate, Bhojpur, Ara. 4.The District Superintendent of Education, Bhojpur, Ara. 5.The Block Development Officer, Jagdishpur Block, Dist. Bhojpur, Ara. 6.The Mukhiya, Grampanchayat Ayar, Jagdishpur Block, Dist. Bhojpur, Ara. 7.The Panchayat Sewak cum Panchayat Secretary, Grampanchayat Ayar, Jagdishpur Block, Dist. Bhojpur (Ara). with CWJC No.9381 of 2007 Kumari Chandralata @ Chandralata Kumari, wife of Kripa Shankar Dawivedi, resident of Village Pakari Mohammad, Post Officer Pakari Mohammad, Police Station Amnour, Dist. Saran at Chapra. Versus 1.The State Of Bihar. 2.The Secretary, Primary Education, Bihar, Patna. 3.The Director, Primary Education, Bihar, Patna. 4.The Commissioner, Saran Divisiion, Saran Chapra. 5.The Collector, Saran, Chapra. 6. The District Superintendent of Education cum District Programme Co-ordinate, Chapra. 7.The Regional Education Officer cum Additiional District Programme Co-ordinator, Saran, Chapra. 8.The Sub Divisional Officer, Marhowarh, Saran. 9.The Block Extension Officer, Amhour, Saran, Chapra. 10.The Mukhiya, Gram Panchayat Raj, Sekhpura, Amnour, Saran, Chapra. 11.Manishi Kumari, daughter of Hari Shankar Prasad, resident of village Chandpura, P.S. Amnour, Dist. Saran, Chapra. 12.Vinod Kumar, Son of Kapildeo Ram, resident of Village Pakari Mohammad, P.S. Ambour, Dist. Saran at Chapra. with CWJC No.10428 of 2007 1.Madan Kumar Deo son of Sri Yogendra Deo, resident of village Sitapur, P.S. Birpur in the Dist. Of Supaul. 2.Appu Kumar son of Subodh Prasad Gupta, resident of village Sitapur, P.S. Birpur in the Dist. Of Supaul. 3.Poonam Kumari wife of Navin Prasad Gupta, resident of village Sitapur, P.S. Birpur in the Dist. Of Supaul. 4.Babli Gupta wife of Sunil Kumar Gupta, resident of village Sitapur, P.S. Birpur in the Dist. Of Supaul. 5.Pawan Kumar Deo son of Yogendra Deo, resident of village Sitapur, P.S. Birpur in the Dist. Of Supaul. 2 6.Babita Sharma wife of Rajendra Thakur, resident of village Bhawanipur, P.S. Birpur in the Dist. Of Supaul. Versus 1.The State Of Bihar through the Secretary, Primary Education, Patna. 2.The Collector cum District Magistrate, Dist. Supaul. 3.The Block Development Officer, Block Basantpur, Dist. Supaul. 4.The District Superintendent of Education, Supaul. 5.The Block Education Extension Officer, Basantpur Block, Dist. Supaul. 6.Mukhia, Gram Panchayat Raj, Haidaya Nagar, Block Basantpur in the Dist. Supaul. 7.The Panchayat Sewak, Panchayat Hridaya Nagar, Basantpur Block, Dist. Supaul. with CWJC No.11197 of 2007 Kumar Anand son of Late Brahamdeo Singh, Resident of Village + P.O. Kathdumar, Via Chapraon Kothi, P.S. Simribakhtiyarpur, Dist. Saharsa. Versus 1.The State Of Bihar through its Secretary cum Commissioner, Human Resources Development Department, Bihar, Patna. 2.District Magistrate, Saharsa. 3.District Education Officer, Saharsa. 4.District Superintendent of Education, Saharsa. 5.Block Development Officer, Simribakhtiyarpur, Dist. Saharsa. 6.Sahdeo Prasad Mahto son of not known, Panchayat Sachiv Kathdumar Panchayat Office, Kathdumar, Via Chapraon Kothi, P.S. Simribakhtiyarpur, Dist. Saharsa. 7.Gopal Kumar Bind son of Shyamdeo Bind at present Mukhia, Panchayati Raj, Kathdumar Panchayat, resident of Village Aagar, P.O. Kathdumar, Via Chapraon Kothi, P.S. Simribakhtiyarpur, Dist. Saharsa. 8.Manoj Kumar Singh son of Heera Prasad Singh, resident of Village + P.O. Kathdumar, Via Chapraon Kothi, P.S. Simribakhtiyarpur, Dist. Saharsa. 9.Veena Devi wife of Pramod Kumar Singh, resident of village + P.O. Kathdumar Via Chapraon Kothi, P.S. Simribakhtiyarpur, Dist. Saharsa. with CWJC No.11212 of 2007 Phool Kumari Wife of Jai Prakash Sah, Resident of Village Garke, P.S. Adhoura, Dist. Kaimur (Bhabua). Versus 1.The State Of Bihar through Secretary, Department of Primary and Adult Education, Govt. of Bihar, Patna. 2.District Magistrate cum Collector, Kaimur (Bhabua). 3.District Superintendent of Education, Kaimur (Bhabua). 4.Panchayat Sachiv, Gram Panchayat Sadki, P.S. Adhoura, Kaimur (Bhabua). with CWJC No.11221 of 2007 3 Yogendra Kumar son of Shri Niwas Singh, resident of Village Bensagar, Police Station Dinara, Dist. Rohtas. Versus 1. The State Of Bihar through the Secretary, Primary and Adult Education, Govt. of Bihar, Patna. 2.The District Primary and Adult Education, Govt. of Bihar, Patna. 3.The District Magistrate, Rohtas at Sasaram. 4.District Education Officer, Rohtas at Sasaram. 5.Block Education Extension Officer, Dinara, Dist. Rohtas at Sasaram. 6.The Mukhiya, Gram Panchayat Medanipur, Dist. Rohtas at Sasaram. 7.The then Mukhiya, Gram Panchayat, Medanipur, Dist. Rohtas at Sasaram. 8.The Panchayat Secretary, Gram Panchayat, Medanipur, Dist. Rohtas at Sasaram. 9.The the Panchayat Secretary Gram Panchayat Medanipur, Dist. Rohtas at Sasaram. with CWJC No. 12092 of 2007 Satyendra Kumar son of Shri Niwas Singh, resident of village Ben Sagar, Police Station Dinara, Dist. Rohtas at Sasaram. Versus 1.The State of Bihar through the Secretary, Primary and Adult Education, Govt. of Bihar, Patna. 2.The District Primary and Adult Education, Govt. of Bihar, Patna. 3.The District Magistrate, Rohtas at Sasaram. 4.District Education Officer, Rohtas at Sasaram. 5.The Block Education Extension Officer, Dinara, Dist. Rohtas at Sasaram. 6.The Mukhiya, Gram Panchayat Medanipur, Dist. Rohtas at Sasaram. 7.The then Mukhiya, Gram Panchayat, Medanipur, Dist. Rohtas at Sasaram. 8.The Panchayat Secretary, Gram Panchayat, Medanipur, Dist. Rohtas at Sasaram. 9.The the Panchayat Secretary Gram Panchayat Medanipur, Dist. Rohtas at Sasaram. ..... Respondents 1st Set. 10.Shri Nivas Mishra son of Nathuni Mishra at present posted at Primary School, Pogarhi, Dist. Rohtas at Sasaram. 11.Shri Om Prakash Prasad son of Shri Ram Prasad at present posted at Middle School, Medanipur, Dist. Rohtas at Sasaram. 12.Shri Krishna Bihari Sahu Son of Shri Bharat Sahu at present posted at Middle School, Medanipur, Dist. Rohtas at Sasaram. 13.Shri Varun Kumar son of Shri Hridayanand Prasad at present posted at Middle School, Medanipur, Dist. Rohtas at Sasaram. 14.Shri Harendra Kumar Singh son of Shri Ram Bhola Singh, at present posted at Middle School, Medanipur, Dist. Rohtas at Sasaram. 4 15.Kumari Premika daughter of Shri Jagdish Singh, at present posted at Primary School, Bensagar, Dist. Rohtas at Sasaram. 16.Manjusha Kumari daughter of Naresh Kumar, at present posted at Primary School, Bensagar, Dist. Rohtas at Sasaram. 17.Urmila Kumari daughter of Shri Om Prakash Singh, at present posted at Primary School, Manoharpur, Dist. Rohtas at Sasaram. 18.Rita Kumari daughter of Shri Mahendra Singh, at present posted at Primary School, Charpokhar English, Dist. Rohtas at Sasaram. ..... Respondents 2nd Set. with CWJC No.11232 of 2007 Gita Devi @ Gita Kumari wife of Pramod Prasad Pal resident of village Manjharia, Panchayat Binwalia, P.O. + P.S. Shikarpur, Dist. West Champaran. Versus 1.The State Of Bihar through Chief Secretary, Govt. of Bihar. 2.The Secretary, Human Resources Development Department, Govt. of Bihar. 3.District Magistrate, West Champaran, Bettiah. 4.District Superintendent of Educatiion, West Champaran, Bettiah. 5.Block Education Extension Officer, Narkatiaganj, West Champaran. 6.The Panchayat Secretary, Binwalia Panchayat, Narkatiaganj, West Champaran. 7.The Block Development Officer, Narkatiaganj, West Champaran. with CWJC No.11296 of 2007 Kumari Mridula Verma, wife of Sri Birendra Kumar Singh, Advocate, resident of Village Chandi Tola, P.S. & Anchal Gogri, Dist. Khagaria. Versus 1.The State Of Bihar through the Collector, Khagaria. 2.The Sub-Divisional Magistrate, Gogri, Dist. Khagaria. 3.The Block Development Officer, Anchal Gogri, P.O. & P.S. Gogri, Dist. Khagaria. 4.The District Superintendent of Educatiion, Dist. Khagaria. 5.The Block Education Extension Officer, Gogri North, Dist. Khagaria. 6.The Mukhiya, Gram Panchayat Raj Banni, P.O. Babu Bagicha, P.S. Gogri, Dist. Khagaria. 7.The Panchayat Secretary, panchayat Raj Banni, P.O. Babu Bagicha Banni, P.S. Gogri, Dist. Khagaria. 8.Smt. Sunita Kumari, wife of Amlendi Kumar Singh, resident of village Sirjua, P.O. Babu Bagicha Banni, P.S. Gogri, Dist. Khagaria. 9.Sri Amresh Kumar, son of Radhe Singh, resident of Village & P.O. Banni, P.S. Gogri, Dist. Khagaria. with CWJC No.11316 of 2007 5 1.Ram Murti Rajak son of Vishwanath Rajak, resident of village Khopi, P.S. Jandaha, Dist. Vaishali. 2.Chandra Bala Kumari W/o Jai Shankar Mehta, resident of Village Khopi, P.S. Jandaha, Dist. Vaishali. Versus 1.The State Of Bihar. 2.The Secretary, The Human Resources Development Department Govt. of Bihar, Patna. New Secretariat, Vikas Bhawan Patna. 3.District Magistrate, Vaishali (Hajipur). 4.Deputy Development Commissioner, Vaishali. 5.The District Magistrate, Vaishali, (Hajipur). 6.The Block Education Extension Officer, Jandaha, Dist. Vaishali, (Hajipur). 7.The Block Development Officer, Jandaha Block, Dist. Vaishali. 8.Mukhia, Gram Panchayat Khopi Block Jandaha, P.S. Jandaha, Dist. Vaishali. 9.Secretary, Gram Panchayat Khopi, P.S. Jandaha, Dist. Vaishali. with CWJC No. 3210 of 2008 Vijay Prasad Singh S/o Yadubans Singh, resident of village Khopi P.S. Jandaha, Dist. Vaishali. Versus 1.The State of Bihar. 2. The Secretary, Department Human Resources Development Department Govt. of Bihar, New Secretariat, Bailey Road, Patna. 3.The Director, Education (Primary Education), Govt. of Bihar, New Secretariat, Bailey Road, Patna. 4.Director Mass education, Govt. of Bihar, Patna. 5.The Collector, Vaishali at Hajipur. 6.The Commissioner, Muzaffarpur Division, Muzaffarpur. 7.The District Superintendent of Educatiion, Vaishali at Hajipur. 8.The Block Development Officer, Jandaha, Dist. Vaishali. 9. The Block Education Officer, Jandaha, Dist. Vaishali. 10.The Mukhiya, Gram Panchayat Raj Khopi, P.S. Jandaha, Vaishali. 11.The Panchayat Sewak cum Secretary, Gram Panchayat Raj Khopi, P.S. Jandaha, Vaishali. 12.The Head Master, Primary School, Bishnupur Silauthar, Gram Panchayat Raj Khopi, P.S. Jandaha, Vaishali. 13.The Head Master, Middle School (Upgraded), Silauthar (Hindi), under Gram Panchayat Raj Khopi, P.S. Jandaha, Vaishali. 14.The Head Master, Middle School, Khopi, under Gram Panchayat Raj Khopi, P.S. Jandaha, Vaishali. 15.The Head Master, Newly created primary school, Khopi Paswan tola, under Gram Panchayat Raj Khopi, P.S. Jandaha, Vaishali. 16.Binod Kumar S/o Paramhans Rai, resident of village Vishnupur, P.O. Khopi, P.S. Jandaha, Vaishali. 17.Bipin Kumar S/o Bali Ram Singh, resident of village Khopi, P.O. Khopi, P.S. Jandaha, Vaishali. 6 18.Prabha Kumari W/o Alok Kumar, resident of village Vishnupur, P.O. Khopi, P.S. Jandaha, Vaishali. 19.Om Prakash Paswan S/o Indrajeet Paswan resident of village Chak Abdulganj, P.O. Rampur Ramhar, P.S. Jandaha, Vaishali. 20.Archana Kumari D/o Gopal Prasad Singh, resident of village Khopi, P.O. Khopi, P.S. Jandaha, Vaishali. 21.Neelam Kumari W/o Nawal Paswn resident of village Chak Abdulganj, P.O. Rampur Ramhar, P.S. Jandaha, Vaishali. 22.Nikita Kumari W/o Rakesh Kumar Singh @ Lall Babu Singh, resident of village Khopi, P.O. Khopi, P.S. Jandaha, Vaishali. 23.Mukesh Kumar Singh S/o Narmdeshwar Singh, resident of village Khopi, P.O. Khopi, P.S. Jandaha, Vaishali. with CWJC No.11318 of 2007 Pawan Kumar S/o Umesh Prasad Resident of village Launa, P.S. Tarapur, Dist. Munger. Versus 1.The State Of Bihar through Commissioner cum Secretary Human Resource Development Department, Govt. of Bihar, Patna. 2.The District Magistrate, Munger. 3.The District Education Superintendent, Munger. 4.Mukhia, Launa Panchayat Village Launa, P.S. Tarapur, Dist. Munger. 5.Panchayat Secretary, Launa Panchayat, Village Launa, P.S. Tarapur, Dist. Munger. with CWJC No.11321 of 2007 Kumari Babita Singh wife of Sri Manjay Kumar Singh, resident of village Darha, via Malaypur, P.S. Barhat, Block Barhat, Dist. Jamui. Versus 1.The State Of Bihar. 2.Commissioner cum Secretary Human Resource Development Department (Education), Govt. of Bihar, Patna. 3.The Director Primary Education Department Govt. of Bihar, Patna. 4.The District Superintendent of Education cum District Programme Convenor, Jamui, Dist. Jamui. 5.The Block Development Officer, Barhat Block, Dist. Jamui. 6.The Block Education Extension Officer, Barhat Block, Dist. Jamui. 7.The Mukhiya, Gram Panchayat Darha, Block Barhat, Dist. Jamui. 8.The Panchayat Secretary, Gram Panchayat, Darha, block Barhat, Dist. Jamui. with CWJC No.11332 of 2007 Ram Babu, S/o Sri Bangali Thakur, resident of Village Sarmastpur, P.S. Sakra, Dist. Muzaffarpur. Versus 1.The State Of Bihar through its Secretary, Govt. of Bihar Primary & Adult Education Department, Patna. 7 2.The Secretary, Primary & Adult Education Department, Bihar, Patna. 3.District Magistrate, Muzaffarpur. 4.District Education Officer-cum-Chariman, Bihar Education Yozna, Rambagh, Muzaffarpur. 5.Block Development Officer, Block Sakra, Muzaffarpur. 6.Block Education Extension Officer, Sakra, Muzaffarpur. 7.Panchayat Secretary, Sarmastpur Gram Panchayat, Muzaffarpur. 8.Mukhiya, Sarmastpur Gram Panchayat, Sakra block, Muzaffarpur. 9.Kumari Tinku Bhagat, W/o Sri Kaushal Kumar Bhagat, resident of village Sarmastpur, P.S. Sarmastpur, P.S. Sakra, Dist. Muzaffarpur. with CWJC No.11339 of 2007 Archana Kumari, daughter of Sri Rajendra Prasad, resident of village Gandhi Nagar, P.O. & P.S. Ghorasahan, Dist. East Champaran. Versus 1.The State Of Bihar. 2.Commissioner cum Secretary Primary Secondary and Adult Education, Govt. of Bihar, Patna. 3.District Magistrate, East Champaran, Dist. East Champaran. 4.Block Development Officer, Ghorasahan, Dist. East Champaran. 5.District Superintendent of Education, East Champaran, Dist. East Champaran. 6.Block Education Extension Officer, Ghorasahan, Dist. East Champaran. 7.Panchayat Secretary of Gram Panchayat Raj Jharokhar, Block Ghorasahan, Dist. East Champaran. 8.Mukhiya of Grampanchayat Raj Jharokha, Ghorasahan, Dist. East Champaran. with CWJC No.11371 of 2007 Rekha Bharti, Wife of Sri Bhola Kumar Giri, resident of Village Sansa Tole Rameshwar Bigha, P.S. Daudnagar, Dist. Aurangabad. Versus 1.The State Of Bihar through the Chief Secretary, Bihar, Patna. 2.The Secretary, Primary and Adult Education Department, Govt. of Bihar, Patna. 3.The District Magistrate, Aurangabad. 4.The District Superintendent of Education, Aurangabad. 5.The Block Development Officer, Daudnagar Block, Dist. Aurangabad. 6.The Block Education Extension Officer, Daudnagar, Dist. Aurangabad. 7.The Mukhia, Gram Panchayat Sansa, Daudnagar Block, Dist. Aurangabad. 8.The Head Master, Govt. Middle School Sansa, Daudnagar, Aurangabad. with CWJC No.11439 of 2007 8 Sams Praweiz Alam, son of Shri Afzalur Rahman, resident of Village & P.O. Bhadai, P.S. Hathauri, Dist. Muzaffarpur. Versus 1.The State Of Bihar. 2.The Principal Secretary, Human Resources Development Department, Govt. of Bihar, Vikas Bhawan, Patna. 3.The Disrector, Primary Education, Govt. of Bihar, Vikas Bhawan, Patna. 4.The Collector-cum-District Magistrate, Muzaffarpur. 5.The Block Development Officer, Aurai, Dist. Muzaffarpur. 6.The Mukhiya, Gram Panchayat Raj, Bhadai, Block Aurai, Dist. Muzaffarpur. 7.The Panchayat Sewak, Gram Panchayat Raj, Bhadai, Block Aurai, Dist. Muzaffarpur. 8.Shri Abdul Manan (father’s name not known to the petitioner), Panchayat Shiksha Mitra, Gram Panchayat Raj, Bhadai, Block Aurai, Dist. Muzaffarpur. with CWJC No.11514 of 2007 Kumari Vina Sharma, D/o Ram Lagan Sharma, wife of Arjun Prasad, resident of village Tandw, (Patwa Toli) P.S. & P.O. Tandwa, Dist. Aurangabad. Versus 1.The State Of Bihar. 2.Secretary Human Resource Development Department, Bihar, Patna. 3.The District Magistrate, Aurangabad. 4.The Dy. Development Commissioner, Aurangabad. 5.The District Superintendent of Education, Aurangabad. 6.The District Education Officer, Aurangabad. 7.The Block Development Officer, Nabinagar Block, Dist. Aurangabad. 8.The Block Education Extension Officer, Nabinagar, Dist. Aurangabad. 9.The Mukhia, Gram Panchayat, Raj Tandwa, Aurangabad. 10.The Panchayat Secretary, Gram Panchayat Raj, Block Tandwa, Dist. Aurangabad. with CWJC No.11532 of 2007 Gauri Shankar Roy, son of Late Yugeshwar Rai, Resident of Village Dasrajpur, Police Station + Post Officer Mahnar, Dist. Vaishali. Versus 1.The State Of Bihar through the Commissioner cum Secretary Human Resource Development Department, New Secretariat, Bailey Road, Bihar, Patna. 2.The District Magistrate, Vaishali, Hajipur. 3.The District Education Officer, Hajipur, Vaishali. 4.The District Superintendent of Education (D.S.E.) cum District Project Education Officer, Hajipur, Vaishali. 5.The Sub Divisioinal Officer (S.D.O.), Mahnar, Vaishali. 6.The Block Development Officer, Sahdei, Buzurg, Vaishali. 9 7.The Regional Education Officer, Mahnar, Vaishali. 8.The Block Education Extension Officer, Sahdei, Buzurg, Vaishali. 9.The Panchayat Sachiv cum V.L.W., Gram Panchayat Raj Chakfaiz, Sahdei, Buzurg, Vaishali. 10.The Mukhiya, Gram Panchayat Raj, Chakfaiz, Sahdei, Buzurg, Vaishali. 11.Mantri Lal Singh, son of Shree Naribilal Singh, Resident of Village mathura, P.O. Mathura, P.S. Biddupur, Dist. Vaishali. with CWJC No.11536 of 2007 SK.Abdur Rahim @ Abdur Rahim Son of late Md. Fasihuddin, resident of village Lahgaria, P.O. Manman, P.S. Barsoi, Dist. Katihar, teacher in Primary School, Belwadangi, Dist. Katihar. Versus 1.The State Of Bihar. 2.The District Magistrate, Katihar. 3.The Dy. Development Commissioner, Katihar. 4.The Block Development Officer, Barsoi, Dist. Katihar. 5.The Prakhand Education Extension Officer, Barsoi, (North) Dist. Kaithar. 6.The Mukhiya, Gram Panchayat Raj Lahgoria, P.S. manman, P.S. Barsoi, Dist. Katihar. 7.Gram Panchayat Secretary, Gram Panchayat Raj Lahgoria, P.O. Manman, P.S. Barsoi, Dist. Katihar. with CWJC No.11641 of 2007 Most.Arti Kumari wife of Late Nirmal Kumar Singh, resident of Village Chilbila, Post Office and Police Station Darihat, Dist. Rohtas. Versus 1.The State Of Bihar through the Secretary, Human Resource Development Department, Bihar, Patna. 2.The District Magistrate, Rohtas. 3.The District Education Officer, Rohtas at Sasaram. 4.The District Superintendent of Education, Rohtas at Sasaram. 5.The Sub Divisional Officer, Dehri, Rohtas. 6.The Area Officer, Education, Dehri Rohtas. 7.The Block Development Officer, Dehri Rohtas. 8.The Block Education Extension Officer, Dehri Rohtas. 9.Satyendra Singh, the then Mukhia of Panchayat Majhiaon Dehri Block, Rohtas, resident of Village Tandawa, Post Office Paduhar, P.S. Darihat, Dist. Rohtas. 10.Meena Devi, Mukhia, Panchayat Majhiaon, Dehri Block P.S. Darihat, Dist. Rohtas and Resident of village and P.O. Paduhar, P.S. Darihat, Dist. Rohtas. 11.The Panchayat Secretary, majhiaon Panchayat Dehri Block, Police Station Darihat, Dist. Rohtas. 12.Urmila Kumari wife of Praveen Kumar, resident of village Tandwa, P.O. Paduhar, P.S. Darihat, Dist. Rohtas, at present posted as Panchayat Siksha Mitra in Subedar Madhya Vidyalaya, Tandwa, P.O. Paduhar, P.S. Darihar, Dist. Rohtas. 10 with CWJC No.11644 of 2007 Sanjay Ram, Son of Sri Indra Deo Ram, resident of village Narharpur, P.S. Jandaha, Dist. Vaishali. Versus 1.The State Of Bihar. 2.D.M. Vaishali at Hajipur. 3.S.D.O. Mahua, Dist. Vaishali. 4.B.D.O., Jandaha, Dist. Vaishali. 5.Umesh Ram, Panchayat Sachiv, Boraha alias Rasulpur Gaus Panchayat, At present Hajipur. 6.Raj Kumar Singh, Resident of Rampur Boraha, P.S. Jandaha, Dist. Vaishali, Ex Mukhiya, Boraha Urf – Rasulpur Gaus, Panchayat. 7.Awadhesh Paswan Son of Madhusudan Paswan, resident of village Bhan Borahan, P.S. Jandaha, Dist. Vaishali. ----------- 2. 15.7.2011 All these cases relate to the engagement of the petitioners as a Shiksha Mitra and/or appointment on the post of Panchayat Shikshak. It has been claimed by most of the petitioners that had they been engaged and continued in service as a Shiksha Mitra, they could have got the benefit of absorption on the post of Panchayat Shikshak in terms of Rule 20(iii) of 2006 Rules. In some of the cases the grievance relate directly to selection and appointment on the post of Panchayat Shikshak. The aforesaid 2006 Rule however itself provides a statutory alternative remedy in Rule-18 thereof, wherein, an independent body namely the District 11 Teachers Appellate Authority has been constituted to look into any of the grievances relating to employment on the post of Panchayat Shikshak which in its wide sweep would also include the absorption of Shiksha Mitra on the post of Panchayat Shikshak. For some period of time there was some sort of confusion as with regard to jurisdiction for entertaining the dispute relating to engagement/ continuation on the post of Shiksha Mitra, in view of the provisions made in Rule-18 regarding complaint in relation to employment and service condition of Panchayat teachers only but then the State Government has also clarified the same by its circular dated 14.05.2009 in terms of Rule 19 of 2006 Rules that even the dispute relating to the post of Shiksha Mitra could be adjudicated by the District Teachers Appellate Authority. The tribunal in form of the District Teachers Appellate Authority is therefore fully competent to entertain a complaint as with regard to selection and appointment on the post of Shikshamitra or Panchayat 12 Shikshak and it has full powers to find out the facts and decide the issues in the light of the relevant Rules and/or Circular. Therefore, these writ applications are disposed of with a liberty to the petitioners of these cases to approach the concerned District Teachers Appellate Authority within a period of eight weeks from today and if such an application by way of complaint is filed individually by them before the concerned Authority, it will proceed to examine the claim of the concerned petitioner on merit and would not non suit any one of them on the ground of limitation. It is however made clear, that in case, the petitioners would also assail the engagement/continuation of any other persons on the post of Shiksha Mitra who have been later on absorbed as Panchayat Shikshak, not only the Authority will have to issue notices to such persons but will have to also afford opportunity of hearing to them before passing the final order on such complaint/representation filed by the petitioners before the Authority. The Authority keeping in view that 13 the dispute has lingered for a long time and that the Authority was constituted during the pendency of these writ applications filed in the year 2007 must ensure that a final decision in accordance with law is taken within a period of six months from the date of filing of the complaint/ representation of the concerned petitioners. With the aforementioned observations and direction, these applications are disposed of. (Mihir Kumar Jha,J.) Surendra/