IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13915 of 2008 Bindu, W/o Sri Yogendra Paswan r/o village Udakishanganj (Thatheritala), P.S. Udakishanganj, District Madhepura……………………………….…………….Petitioner Versus 1. The State Of Bihar. 2. The Commissioner – cum - Secretary, Human Resources Development Department, Bihar, Patna. 3. The Director, Primary Education, Bihar, Patna. 4. The District Magistrate, Madhepura. 5. The Regional Deputy Director of Education, Koshi Division, Saharsa. 6. The Deputy Development Commissioner, Madhepura. 7. The District Superintendent of Education, Madhepura. 8. The Block Development Officer, Udakisanganj, District Madhepura. 9. The Block Education Extension Officer, Block Udakisanganj, District Madhepura. 10. The Panchayat Secretary, Kishunganj, Panchayat Block Udakisanganj, District Madhepura. 11. The Mukhiya, Kishunganj, Panchayat Block Udakisanganj, District Madhepura…………Respondents *** 2 15.11.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. Under Rules 2006, all posts of Panchayat Shiksha Mitra became regular post of Panchayat Teachers with fixed pay. Rule was statutory in nature. All the incumbents, who were continuing as Shiksha Mitra, have got status of regular employees with nomenclature of Panchayat Teachers after Rules came into force. It was only 2 the Rules which govern service conditions of Shiksha Mitra redesignated as Panchayat Teachers and procedure of appointment on vacant posts. Rules did not empower or give any right to the Regional Deputy Director of Education (in short, ‘RDDE’) to enquire into the matter in respect of appointments made on the post of erstwhile Shiksha Mitra and hold process of appointment as bad. By Amendment 2008 in the Rules, a statutory Appellate Authority has been constituted which under law can only go into legality and validity of any process of appointment and legality and validity of any candidate appointed. The impugned order (Annexure-1) is a letter of the Regional Deputy Director of Education, Koshi Division, Saharsa addressed to the District Superintendent of Education - cum - District Programme Co- ordinator, Madhepura dated 06.03.2008 in which the RDDE has considered appointment of different candidates in the Panchayat and has given his findings. Clearly, after the Rules came into force, he had no jurisdiction in the matter. 3 Hence the impugned order of the RDDE as contained in Annexure-1 is quashed. Respondents are directed to transmit all the records to the concerned Appellate Authority constituted under the Rules positively within four weeks from the date of receipt / production of a copy of this order. On receipt of the records from the office of RDDE, the Appellate Authority shall issue notice to the concerned parties, shall call for the entire records from the Panchayat in respect of process of appointment of concerned Shiksha Mitra, shall give an opportunity of hearing to the parties and shall pass an appropriate order with definite finding in respect of validity and legality of the process as well as appointments of concerned persons. This exercise the Appellate Authority must conclude within three months from the date of receipt of records from the office of the RDDE. Till final orders are passed by the Appellate Authority on merits, petitioner shall not be entitled to join the post and shall not be entitled for salary. 4 This writ application is allowed in the manner indicated above. BT (J. N. Singh, J.)