IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7068 of 2009 ====================================================== Uday Kumar, Son of Shri Doman Singh, resident of village – Deora Bazar, P.O. Usas, P.S. Konch, District – Gaya. .... .... Petitioner. Versus 1. The State of Bihar, through the Secretary –cum- Commissioner, Human Resources Development Department, Govt. of Bihar, Patna. 2. The Director, Primary Education, Govt. of Bihar, Patna. 3. The District Magistrate, Gaya, District – Gaya. 4. District Superintendent of Education, Gaya, District – Gaya. 5. Block Development Officer, Konch, District – Gaya. 6. Block Education Extension Officer, Konch Block, District – Gaya. 7. Gram Panchayat, Garari, through its Secretary, Block – Konch, District – Gaya. 8. Head Master, Govt. Upgraded Middle School, Garari, Konch, District – Gaya. 9. Bimlesh Kumar, S/o Suresh Pd. Singh, resident of village – Sakhhada, P.S. Konch, District – Gaya. 10. Nagendra Kumar, S/o Basudeo Yadav, resident of village – Gend Bigha, P.S. Konch, District – Gaya. .... .... Respondents. ====================================================== Appearance : For the Petitioner/s : Mr. Nand Kumar Singh Mr. Arvind Kumar For the Respondent/s : Mr. (Sc5) ====================================================== CORAM: HONOURABLE JUSTICE SMT. MRIDULA MISHRA ORAL ORDER (Per: HONOURABLE JUSTICE SMT. MRIDULA MISHRA) 06/ 30-08-2011 Heard counsel for the petitioner and counsel appearing for the State. Despite proper service of notice Bimlesh Kumar and Nagendra Kumar, Respondent Nos. 9 and 10 have not entered appearance. Initially this writ application had been filed by the Patna High Court CWJC No.7068 of 2009 (6) dt.30-08-2011 2 / 3 2 petitioner for quashing the order passed by the District Superintendent of Education, rejecting the claim of the petitioner for his appointment on the post of Panchayat Shiksha Mitra, and for payment of arrears of honorarium for working as Panchayat Shiksha Mitra and arrears of salary for the post of Panchayat Teacher. Subsequently, by filing I.A. No. 148 of 2010 petitioner challenged the appellate order and also prayed for impleading Bimlesh Kumar and Nagendra Kumar as Respondents 9 and 10. On perusal of the order passed by the District Magistrate, Gaya as well as Appellate Tribunal, I find that both District Magistrate and Appellate Tribunal have recorded a finding that institution register, in which names of Bimlesh Kumar and Nagendra Kumar have been shown as applicant for the post of Panchayat Shiksha Mitra, is a forged document. The Appellate Tribunal has declared the application form submitted by Respondents 9 and 10 as forged documents. The matters relates to the appointment of Panchayat Shiksha Mitra. Both petitioner as well as Respondents 9 and 10 have claimed to be a suitable candidate for being engaged on the post of Panchayat Shiksha Mitra, and subsequently for being absorbed on the post of Panchayat Teacher as per Rule 20(3) of 2006 Rules. There Patna High Court CWJC No.7068 of 2009 (6) dt.30-08-2011 3 / 3 3 are many disputed question, which need proper adjudication on perusal of connected records, in presence of both the parties, by an appropriate forum. Considering this fact, the order passed by the Appellate Tribunal, Gaya dated 9.12.2009 contained in Memo No. 2690 is quashed. This matter is remitted back to the Appellate Tribunal for fresh consideration of the issue involved in this case. The Appellate Tribunal will issue notice to all concerned including the petitioner and Respondent Nos. 9 and 10 as well as Panchayat Secretary and Mukhiya of the concerned Gram Panchayat. The Appellate Tribunal will also call for the connected records and documents for perusal and on the basis of that coming to the conclusion regarding legality of the appointment. Petitioner as well as Respondent Nos. 9 and 10 is appeared, placed their cases and on consideration of entire materials the Appellate Tribunal will pass final order within six weeks from the date of receipt/communication of this order. DKS/ (Mridula Mishra, J)