IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14449 of 2007 1. Manoj Kumar Paswan, son of Sri Rajendra Paswan, resident of village Raiyam, P.S. Bairab Asthan, District Madhubani, at present Panchayat Teacher, Naya Primary School parwati Tole Septa, P.S. Rahika, District Madhubani 2. Ashok Kumar Yadav, son of Sri Mishri Lal Yadav, resident of village Ekdara, P.S. Phulparas, District Madhubani, at present Panchayat Teacher, Naya Primary School, Parwati Tola Septa, P.S. Rahika, District Madhubani 3. Esharat Praveen, D/o Md. Yunush Ansari, resident of Mohalla Ragho Naga Bhauara, P.S. Madhubani (Town), District Madhubani, at present Panchayat Teacher, Naya Primary School Kamat Bhawanipur, Sapta, P.S. Rehika, District Madhubani 4. Anita Kumari, D/o Guru Sharan Paswan, resident of village Mircapur, P.S. Raj Nagar, District Madhubani, at present Panchayat Teacher, Naya Primary School Kamat Bhawanipur, Sapta, P.S. Rahika, District Madhubani 5. Ranjama Kumari, D/o Shurya Narayan Yadav, resident of village Zeraul, P.S. District Madhubani, at present Panchayat Teacher, Anuchuchit Jati Prathmik Vidyalaya Laheriya Ganj, Mushahari, P.S. Rahika, District Madhubani 6. Asma Khatoon, D/o Abdul Rajak, resident of Mohalla Bhauara, P.S. Madhubani (Town), District Madhubani, at present panchayat Teacher Rajkiya Prathamik Makhtab Laheriya Ganj (Rural), P.S. Rahika, District Madhubani 7. Lalita Kumari, wife of Ranjit Kumar Prasad, D/o Ram Chandra Bhagat, resident of village Raghuni Dehat, P.S. Raj Nagar, District Madhubani at present Panchayat Teacher, Prathani Vidyalaya, Adarsh nagar, Sapta, P.S. Rahika, District Madhubani 8. Md. Afroz Alam son of Abdul Zabbar, resident of Mohalla Manihar Bhawara, P.S. Madhubani (Town), District Madhubani, at present Panchayat Teacher, Naya Prathamik Vidyalaya Jibachh Chauk, Sapta, P.S. Rahika, District Madhubani 9. Nilam Kumari, wife of Kirnesh Kumar, resident of Mohalla Maharajganj, Ward No. 2 New 13, Old 10 P.S. Madhubani (Town), District Madhubani 10. Surendra Kumar Mahto, son of Satya Narayan Mahto, resident of Mohalla Nariyal Bazar, Ward No.11, P.S. Madhubani (town), District Madhubani, at present Panchayat Teacher, Naya Prathamki Vidyalaya, Kharhauri, Muslim Tola, Sapta, P.S. Rahika, District Madhubani 11. Md. Rustam, son of Md. Sahukat Ali, resident of village Kamat Bhawanipur, Laheriayaganj, Sapta, P.S. Rahika, District Madhubani, at present Prathmik Vidyalaya Laheriayaganj, Makhtab (Rural), P.S. Rahika, District Madhubani 12. Sangita Kumari, D/o Shubhkant Jha, resident of Mohalla Chitragupta Nagar Stadium Road, Madhubani, P.S. Madhubani (Town), District Madhubani at present Panchayat Teacher Anusuchit Jati, Prathamik Vidyalaya Laheriaganj Mushahari Sapta, P.S. Rahika, District Madhubani … Petitioners Versus 1. The State Of Bihar 2. The Commissioner cum Secretary, Human Resources Development Education, Govt. of Bihar, Patna 3. The Director, Primary Education, Govt. of Bihar, Patna 4. The District Magistrate, Madhubani, District Madhubani 5. The District Superintendent of Education, Madhubani, District Madhubani 6. The Block Development Officer, Rahika Madhubani, District Madhubani 7. The Block Education Extension Officer, Madhubani (Town), District Madhubani 8. The Gram Panchayat Raj, Septa, through Mukhiya Gram Panchayat Raj Septa, P.S. Rahika, District Madhubani 9. Indu Devi, wife of Raj Mohan Prasad, the Mukhiya Gram Panchayat Raj Sapta, P.S. Rahika, District Madhubani 10. Suresh Chandra Majhi, son of not known, the Secretary, Gram panchayat Raj Sapta, P.S. Rahika, District Madhubani 11. Birendra Mishra, son of Tulla Krishna Mishra, resident of Mohalla Adarsh Nagar, District Madhubani 12. Mahesh Yadav, son of Yogeshwar Yadav, resident of village Septa, P.S. Rahika, District Madhubani 3 13. Umesh Yadav, son of Yogeshwar Yadav, resident of village and P.S. Sapta, P.S. Rahika, District Madhubani 14. Lal Babu Lalan, son of Raghunath Yadav, resident of village Basaura, P.S. Rahika, District Madhubani … Respondents ----------- 2. 22.7.2011 Having heard counsel for the petitioners and the counsel for the State this Court would find that the decision of the prescribed authority, the Block Development Officer, Rahika, Madhubani for cancelling the entire selection process of the post of Panchayat Shikshak in Gram Panchayat Raj Septa technically suffers from flaw of non-compliance of principles of natural justice, inasmuch as even if there was an adverse enquiry report with regard to selection of the petitioners and others, in all 22 Panchayat teachers appointed in the aforementioned Gram Panchayat, it was incumbent on the Block Development Officer to issue notice to all these 22 teachers before cancelling the selection. The selected candidates including the petitioners having been appointed and also started working had a vested right of defending their appointment. Since the impugned order dated 4.10.2007 has been 4 passed without following the principles of natural justice the same cannot be sustained in the eye of law. Accordingly, the impugned order, as contained in Memo No. 1103 dated 4.10.2007 so far it relates to selection and appointment of Panchayat Teachers of Gram Panchayat, Raj Septa, Madhubani, is quashed. This Court, however, will not be closing the matter on the basis of violation of principles of natural justice, inasmuch as when it has come to the notice of this Court that the date of their counseling was fixed for 2nd of December, 2006 and the notices under Under Certificate of Posting (U.P.C.) were allegedly sent on 28th of November, 2006 giving hardly four days to the selected candidates including in the panel to appear for the counseling. In that view of the matter, when only one of 22 candidates could appear in counseling on 2.12.2006, the selection of the petitioners and others definitely would require a reconsideration, inasmuch as if the persons having higher marks and placed above the petitioners were ignored, their appointment cannot become valid only because this Court 5 would be quashing the impugned order on the ground of violation of principles of natural justice. The petitioners therefore as a consequence of quashing of the impugned order will not be reinstated in service till an appropriate decision as with regard to their selection and appointment is taken by the District Teachers Appellate Authority, Madhubani. Accordingly, the matter is now remitted back to the competent authority, namely, District Teachers Appellate Authority, Madhubani which shall start an enquiry on a complaint filed by Block Development Officer, Rahika into the entire appointment of Panchayat Teachers in Gram Panchayat Raj Septa and after giving notice to the 12 petitioners of this case as also rest of the 10 persons who were appointed in the same transaction on the post of Panchayat Shikshak, it will take an appropriate decision as with regard to genuineness, correctness and legality of appointment of the petitioners on the post of Panchayat Shikshak. If the authority in course of its own enquiry finds that there 6 was illegality in the selection and counseling it would cancel the resultant appointment of all 22 persons including that of the petitioners and would direct the competent authority to make a fresh exercise for appointment on the post of Panchayat Shikshak in the aforementioned Gram Panchayat. With the aforementioned observation and direction, this application is disposed of. Let a copy of this order be sent to the Collector, Madhubani for directing the Block Development Officer, Rahika to file a complaint in terms of Rule 18 of Panchayat Shikshak Rules 2006 before the District Teachers Appellate Authority, Madhubani within a period of one month from the date of receipt/production of a copy of this order. (Mihir Kumar Jha,J.) Surendra/