IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10191 of 2008 1. VIDYAPATI SINGH, S/O SHRI RAM DULAR SINGH, R/O VILLAGE-ROHINIBHAN, GRAM PANCHAYAT, JALILPUR, P.S.-RAJPUR, DISTRICT-BUXAR. 2. BINDU KUMARI @ BINDU DEVI, W/O SHRI MANOJ KUMAR, R/O VILLAGE-ROHINIBHAN, GRAM PANCHAYAT JALILPUR, P.S.-RAJPUR, DISTRICT- BUXAR. ……………PETITIONERS. Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 2. THE DISTRICT MAGISTRATE, BUXAR. 3. THE DISTRICT SUPERINTENDENT OF EDUCATION, BUXAR. 4. THE SUB-DIVISIONAL OFFICER, BUXAR. 5. THE BLOCK DEVELOPMENT OFFICER, CHAUSA, BUXAR. 6. THE BLOCK EDUCATION EXTENSION OFFICER, CHAUSA, BUXAR. 7. THE MUKHIYA, GRAM PANCHAYAT JALILPUR, BLOCK-RAJPUR, DISTRICT-BUXAR. 8. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT JALILPUR, BLOCK-RAJPUR, DISTRICT-BUXAR. 9. VINOD SINGH, S/O VISHWANATH SINGH, R/O VILLAGE-SONPA, P.S.-RAJPUR, DISTRICT- BUXAR. 10. POONAM KUMARI, W/O BACHAJI RAM, R/O VILLAGE-SONPA, P.S.-RAJPUR, DISTRICT- BUXAR. …………RESPONDENTS. ----------- 2 06.09.2011 Petitioners allege that though they had applied for appointment as Panchayat Shikshak and had enclosed all the certificates along with their application, their applications were rejected by the Mukhiya/Panchayat Secretary illegally raising some false and fictitious objections. It is stated that the petitioners had filed their complaint 2 before the authorities and the District Superintendent of Education found their objections as correct vide his letter dated 11.10.2007, as contained in Annexure-9. In the letter, which he addressed to the Mukhiya/Panchayat Secretary, he suggested that all illegal appointments should be cancelled. Learned counsel for the petitioner submits that, in spite of the same, no action has been taken by the respondents in the matter. Thus, the matter has remained pending till now. Now in terms of Rule 18 as amended in 2008 a statutory Appellate Authority has been created to consider the grievances of such candidates in respect of appointment or otherwise of Panchayat Teachers. It has been provided that all pending matters before the authorities of the Government have to be transmitted to the statutory Appellate Authority for its consideration and final decision. In the circumstances, the writ application is disposed of with a direction to the District Superintendent of Education 3 and other authorities of the Government to transmit the complaint of the petitioners and all connected records to the concerned statutory Appellate Authority within one month from the date of receipt/production of a copy of this order. On receipt of the records, the Appellate Authority shall issue notice to the concerned parties giving them opportunity to be heard, shall call for the original records and shall decide the matter positively within three months from the date of receipt/production of the records from the Government officials. Arvind/ ( J.N. Singh, J.)