IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8058 of 2008 1. BIRENDRA KUMAR, S/O SHRI NAGINA PRASAD, R/O VILLAGE-HARAULI, P.O.-NAYA BIGHA, P.S.- BARH, DISTRICT-PATNA, AT PRESENT POSTED AND WORKING AS PANCHAYAT TEACHER IN GOVT. PRIMARY SCHOOL JITAN BIGHA, ANCHAL-BELCHHI, DISTRICT- PATNA. 2. MANJU KUMARI, W/O SAMALI PASWAN, R/O VILLAGE-ALAMBIGHA, P.O.-BHUANPUR, P.S.- BELCHHI, DISTRICT-PATNA, AT PRESENT POSTED AND WORKING AS PANCHAYAT TEACHER IN GOVT. PRIMARY SCHOOL ALAMBIGHA, ANCHAL-BELCHHI, DISTRICT-PATNA. 3. MANJU KUMARI, D/O LATE PAYARE MAHTO, W/O SUDHIR PRASAD, R/O VILLAGE-KORARI, P.O.- KORARI, P.S.-BELCHHI, DISTRICT-PATNA, AT PRESENT POSTED AND WORKING AS PANCHAYAT TEACHER IN GOVT. PRIMARY SCHOOL DAKSHNIPUR, ANCHAL-BELCHHI, DISTRICT-PATNA. 4. SHASHI BHUSHAN KUMAR, S/O MADAN PRASAD, R/O VILLAGE-MANKAURA, P.O.-MUBARAKPUR, P.S.- BARH, DISTRICT-PATNA, AT PRESENT POSTED AND WORKING AS PANCHAYAT TEACHER IN GOVT. UPGRADED MIDDLE SCHOOL MANKAURA (HARIJAN), ANCHAL-BELCHHI, DISTRICT-PATNA. 5. ARVIND KUMAR, S/O JAGAT NARAIN SINGH, R/O VILLAGE-HARAULI, P.O.-NAYA BIGHA, P.S.-BARH, DISTRICT-PATNA, AT PRESENT POSTED AND WORKING AS PANCHAYAT TEACHER IN GOVT. PRIMARY SCHOOL MAL CHAK, ANCHAL-BELCHHI, DISTRICT-PATNA. 6. PRATIBHA KUMARI, D/O NAND KISHORE PRASAD, W/O RAJNISH KUMAR, R/O VILLAGE+P.O.-JODHAN BIGHA, P.S.-BELCHHI, DISTRICT-PATNA, AT PRESENT POSTED AND WORKING AS PANCHAYAT TEACHER IN GOVT. UPGRADED MIDDLE SCHOOL BANDI CHAK, ANCHAL-BARH, DISTRICT-PATNA. 7. ARCHANA KUMARI, D/O LATE KULDEEP NARAYAN SINGH, W/O SHRI SANJAY KUMAR, R/O VILLAGE+P.O.-KORARI, P.S.-BELCHHI, DISTRICT- PATNA, AT PRESENT POSTED AND WORKING AS PANCHAYAT TEACHER IN GOVT. PRIMARY SCHOOL MUNSHI PAN, ANCHAL-BELCHHI, DISTRICT-PATNA. 8. REKHA KUMARI, D/O SRI RAJEDNRE PASWAN, W/O ANIL PASWAN, R/O VILLAGE+P.O.+P.S.-BELCHHI, DISTRICT-PATNA, AT PRESENT POSTED AND WORKING AS PANCHAYAT TEACHER IN GOVT. PRIMARY SCHOOL BHIKHO CHAK, ANCHAL-BELCHHI, DISTRICT-PATNA. 9. KUMARI NITESH SINHA, D/O KANHAIYA PRASAD SINGH, W/O LATE KAUSHLENDRA PRASAD, R/O VILLAGE-BHUANPUR, P.O.-BHUANPUR, P.S.- BAKHTIYARPUR, DISTRICT-PATNA, AT PRESENT 2 POSTED AND WORKING AS PANCHAYAT TEACHER IN GOVT. UPGRADED MIDDLE SCHOOL BHUANPUR, ANCHAL-BELCHHI, DISTRICT-PATNA. 10.KANCHAN KUMARI SINHA, D/O LATE RAJ MURARI SINGH, W/O SHRI RAVI PRAKASH SINGH, R/O VILLAGE AND P.O.-BARH, P.S.-BELCHHI, DISTRICT-PATNA, AT PRESENT POSTED AND WORKING AS PANCHAYAT TEACHER IN GOVT. UPGRADED MIDDLE SCHOOL BARAH, ANCHAL-BELCHHI, DISTRICT-PATNA. 11.BIBHA KUMARI, D/O NAND KISHORE PRASAD SINGH, W/O KAUSHLENDRA KISHORE SINGH, R/O VILLAGE-HANSPURA, P.O.-BHUANPUR, P.S.- BELCHHI, DISTRICT-PATNA, AT PRESENT POSTED AND WORKING AS PANCHAYAT TEACHER IN GOVT. PRIMARY SCHOOL HANSPURA, ANCHAL-BELCHHI, DISTRICT-PATNA. 12.DEVENDRA KUMAR, S/O SRI GANGA BISHUN PASWAN, R/O VILLAGE-MANKAURA, P.O.- MUBARAKPUR, P.S.-BARH, DISTRICT-PATNA, AT PRESENT POSTED AND WORKING AS PANCHAYAT TEACHER IN GOVT. PRIMARY SCHOOL BISHKURWA, ANCHAL-BELCHHI, DISTRICT-PATNA. 13.SANGITA KUMARI, W/O SHRI SUNIL KUMAR, R/O VILLAGE-JAGAJANPUR, P.O.-JODHAN BIGHA, P.S.- BELCHHI, DISTRICT-PATNA, AT PRESENT POSTED AND WORKING AS PANCHAYAT TEACHER IN GOVT. PRIMARY SCHOOL GHERA, ANCHAL-BELCHHI, DISTRICT-PATNA. 14.BRAJ KISHORE CHAUHAN, S/O SHRI SHYAM SUNDAR CHAUHAN, R/O VILLAGE-BIBIYACHAK, P.S.- BELCHHI, DISTRICT-PATNA, AT PRESENT POSTED AND WORKING AS PANCHAYAT TEACHER IN GOVT. UPGRADED MIDDLE SCHOOL FATEHPUR, ANCHAL- BELCHHI, DISTRICT-PATNA. 15.CHANDRAKALA, D/O SHRI BASUDEO PRASAD, W/O BIRENDRA KUMAR, R/O VILLAGE-HARAULI, P.O.- NAYA BIGHA, P.S.-BARH, DISTRICT-PATNA, AT PRESENT POSTED AND WORKING AS PANCHAYAT TEACHER IN GOVT. UPGRADED MIDDLE SCHOOL HARAULI, ANCHAL-BELCHHI, DISTRICT-PATNA. 16.MANJU DEVI, D/O BALESHWAR PRASAD, W/O AKHILESH PRASAD, R/O VILLAGE-MURTAZAPUR, P.O.-MASATATHU, P.S.-BELCHHI, DISTRICT-PATNA, AT PRESENT POSTED AND WORKING AS PANCHAYAT TEACHER IN GOVT. PRIMARY SCHOOL JAFARCHAK HARIJAN, ANCHAL-BELCHHI, DISTRICT-PATNA. 17.REKHA KUMARI @ NILAM KUMARI, D/O RAM PAYARE MAHATO, W/O BRIJNANDAN PRASAD, R/O VILLAGE+P.O.-GOPALPUR, P.S.-BELCHHI, DISTRICT-PATNA, AT PRESENT POSTED AND WORKING AS PANCHAYAT TEACHER IN GOVT. PRIMARY SCHOOL GANNICHAK, ANCHAL-BELCHHI, DISTRICT-PATNA. 3 ……………………PETITIONERS. Versus 1. THE STATE OF BIHAR. 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. THE DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA. 4. THE DIVISIONAL COMMISSIONER, PATNA DIVISION, PATNA. 5. THE DISTRICT MAGISTRATE, PATNA. 6. THE DEPUTY DEVELOPMENT COMMISSIONER-CUM- CHAIRMAN, THE DISTRICT EDUCATION ESTABLISHMENT COMMITTEE, PATNA. 7. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, PATNA DIVISION, PATNA. 8. THE DISTRICT SUPERINTENDENT OF EDUCATION, PATNA. 9. THE BLOCK DEVELOPMENT OFFICER, BELCHHI, DISTRICT-PATNA. 10.THE BLOCK EDUCATION EXTENSION OFFICER, BELCHHI, DISTRICT-PATNA. 11.THE MUKHIYA GRAM PANCHAYAT RAJ FATEHPUR, BLOCK-BELCHHI, DISTRICT-PATNA. 12. THE PANCHAYAT SECRETARY GRAM PANCHAYAT RAJ FATEHPUR, BLOCK-BELCHHI, DISTRICT-PATNA. 13. THE MUKHIYA GRAM PANCHAYAT RAJ BARAH, ANCHAL-BELCHHI, DISTRICT-PATNA. 14. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ BARAH, ANCHAL-BELCHHI, DISTRICT-PATNA. 15. THE MUKHIYA, GRAM PANCHAYAT RAJ KORARI, ANCHAL-BELCHHI, DISTRICT-PATNA. 16. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ KORARI, ANCHAL-BELCHHI, DISTRICT-PATNA. 17. THE MUKHIYA, GRAM PANCHAYAT RAJ BELCHHI, ANCHAL-BELCHHI, DISTRICT-PATNA. 18. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ BELCHHI, ANCHAL-BELCHHI, DISTRICT-PATNA. 19. THE MUKHIYA, GRAM PANCHAYAT RAJ SAKSOHRA, ANCHAL-BELCHHI, DISTRICT-PATNA. 20. THE PANCHAYAT SECRETARY, RAJ SAKSOHRA, ANCHAL-BELCHHI, DISTRICT-PATNA. ……………………RESPONDENTS. ----------- 3 25.08.2010 The 17 petitioners were earlier appointed as Shiksha Mitras. Subsequently after the Rules came into force in 2006, the 4 posts were converted into permanent posts and re-designated as Panchayat Teachers and the incumbents working on them were continued as such. However, subsequently they were restrained from functioning as Panchayat Teachers on account of having not passed Intermediate examination within 33 months with minimum 45% marks. Later on a Government Resolutions contained in memo no. 2517 dated 04.07.2008 read with memo no. 2683 dated 17.7.2008 were issued by which requirement of passing of Intermediate examination with minimum 45% marks was waived. The case of petitioners is that they have passed Intermediate examination, but with lesser marks. Hence in view of the Resolutions they became eligible for functioning as Panchayat Teachers and draw their salary. Learned counsel for the petitioners submits that many of the petitioners are functioning as Panchayat Teachers and now they are eligible and legally entitled to function as such and draw their salary in view of Resolutions contained in memo no. 2517 dated 04.07.2008 read with memo no. 2683 dated 17.7.2008. He submits that some of the 5 petitioners are not being allowed to function. Therefore, he submits that the petitioners may be allowed to file an appeal before the Appellate Authority for necessary direction to the concerned authorities of the Panchayat, in the light of the said Resolutions of the Government contained in memo no. 2517 dated 04.07.2008 read with memo no. 2683 dated 17.7.2008 as well as in the light of judgment of this Court reported in 2002 (2) PLJR 241 (Indu Devi Vs. State of Bihar). Liberty is granted. The petitioners may file their appeal before the Appellate Authority within two months from today. If such appeals are filed by the petitioners before the Appellate Authority within the said time, the Appellate Authority will take into account the effect of the said Resolutions contained in memo no. 2517 dated 04.07.2008 read with memo no. 2683 dated 17.7.2008 and the validity of appointment of the petitioners as Panchayat Teachers and also take into account the said judgment of this Court and pass appropriate orders within the period prescribed in the Rules for 6 decision of such matters in accordance with law with orders of consequential benefits as may be necessary. The writ application is disposed of with the aforesaid observations and directions. Arvind/ ( J. N. Singh, J.)