IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.3927 of 2009 ==================================================== BINA KUMARI @ VINA KUMARI, DAUGHTER OF LATE CHANDRASHEKHAR MAHTO, RESIDENT OF VILLAGE – CHHOTI LAGAMA, POLICE STATION – DHARHARA, DISTRICT – MUNGER. ………….. PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE SECRETARY, HUMAN RESOURCES DEPARTMENT, BIHAR, PATNA. 3. THE DISTRICT MAGISTRATE, MUNGER. 4. THE DEPUTY DEVELOPMENT COMMISSIONER (D.D.C.) MUNGER. 5. THE DISTRICT SUPERINTENDENT OF EDUCATION, MUNGER. 6. THE BLOCK DEVELOPMENT OFFICER, DHARHARA, MUNGER. 7. BLOCK EDUCATION EXTENSION OFFICER, DHARHARA, MUNGER. 8. THE MUKHIYA, GRAM PANCHAYAT RAJ SHIVKUND, DHARHARA, MUNGER. 9. PANCHAYAT SEVAK, GRAM PANCHAYAT SHIVKUND, DHARHARA, MUNGER. 10. ANJANI KUMARI DAUGHTER OF SRI LAXMAN PRASAD SINGH RESIDENT OF VILLAGE – CHHOTI LAGMA, P.S. DHARHARA, DISTRICT – MUNGER. …………. RESPONDENTS. ==================================================== With CIVIL WRIT JURISDICTION CASE No.6481 of 2009 ==================================================== SMT.ANJANI KUMARI, D/O SHREE LAKHMAN PRASAD SINGH, RESIDENT OF VILLAGE – CHATI LAGMA, POST- SHREE KUND, POLICE STATION – DHARHARA, DISTRICT – MUNGER. ……………. PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE SECRETARY, HUMAN RESOURCE DEVELOPMENT DEPARTMENT, PATNA, BIHAR. 3. THE DIRECTOR, PRIMARY EDUCATION, PATNA, BIHAR. 4. THE DISTRICT MAGISTRATE, MUNER, BIHAR. 5. THE DEPUTY DEVELOPMENT OFFICER, MUNGER, BIHAR. 6. THE BLOCK DEVELOPMENT OFFICER, DHARHARA, MUNGER. 7. THE BLOCK EDUCATION EXTENSION OFFICER, DHARHARA, MUNGER. 8. THE MUKHIYA, GRAM PANCHAYAT RAJ, SHIVKUND, DHARHARA, MUNGER. 9. THE PANCHAYAT SEVAK, PANCHAYAT SHIVKUND, DHARHARA, MUNGER. ……… RESPONDETS. ==================================================== 03/ 12.07.2011 Heard counsel for the petitioner in C.W.J.C. No. 3927 of 2009. Counsel for the petitioner in C.W.J.C. No. 6481 of 2009 is not present. Counsel for the state is 2 State is present in C.W.J.C. No. 6481 of 2009. Both the writ applications are inter-connected for the reason that Bina Kumari (petitioner in C.W.J.C. No. 3927 of 2009) has filed this application for a direction to the respondents to implement the order dated 18.09.2008 passed by the Deputy Development Commissioner, Munger. By the impugned order the D.D.C., Munger has cancelled the appointment of Anjani Kumari (petitioner in C.W.J.C. No. 6481 of 2009) and directed to appoint Bina Kumari in her place. Anjani Kumari has filed this application for setting aside the order passed by the D.D.C., Munger cancelling her appointment. Considering the fact that order dated 18.9.2008 was passed by the D.D.C. after coming into force of Bihar Panchayat Prakhand Teachers (Appointment and Service Conditions), Rules, 2008, as such this order is completely without jurisdiction. On the relevant date there was an appellate forum provided under the statute, which could have passed any order relating to appointment/cancellation of the appointment of Prakhand teacher. In this view of the matter, both the 3 writ applications are disposed of, giving liberty to the petitioners for filing appeal before the appellate forum for redressal of their grievance. In case such appeals are filed within six weeks from today, it will be decided on merit. DKS/ ( Mridula Mishra, J.)