IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11811 of 2009 1. MUNNA KUMAR SINGH, Son of Kashi Singh, resident of village – Neuri, P.S. Belaganj, District – Gaya. 2. Santosh Kumar Sinha, Son of Naval Kishore Prasad, village – Manmadha, P.O. Choar, P.S. Tankupa, District – Gaya. 3. Braj Bhusan Prasad Singh, Son of Puran Singh, resident of Village + P.O. Neuri, P.S. Belaganj, District – Gaya. 4. Gauri Shankar Prasad Yadav, Son of Sri Muneshwar Prasad Yadav, resident of village + P.O. Bhasapipra P.S. Fatehpur, District – Gaya. 5. Pankaj Paswan, Son of Suchit Paswan, resident of village – Jamfieto, P.O. + P.S. Fatehpur, District – Gaya. 6. Sudarshan Sharma, Son of Balram Sharma, resident of village – Parwaldiah, P.O. Kariyadpur, District – Gayad. 7. Kumari Anita, W/o Kamlesh Prasad, resident of village – Manmadha, P.S. Chour, P.S. Tankupa, District – Gaya. …. Petitioners. Versus 1. THE STATE OF BIHAR through the Commissioner –cum Secretary, Department of Human Resources Development, Government of Bihar, Patna. 2. District Magistrate, Gaya. 3. The Deputy Superintendent of Education, Gaya. 4. Block Development Officer, Tankupa, District – Gaya. 5. The Block Education Extension Officer, Tankupa, Gaya. 6. Mukhiya, Gram Panchayat, Block – Tankupa, District – Gaya. 7. Mukhiya, Gram Panchayat Chowar, Block – Tankupa, District – Gaya. 8. Panchayat Secretary, Gram Panchayat, Jagranathpur, Block – Tankupa, District – Gaya. 9. Panchayat Secretary, Gram Panchayat Chowar, Block – Tankupa, District – Gaya. 10. Anil Kumar Gupta, Son of Ram Ratan Saw, resident of village – Diah, P.O. Bhaspur, P.S. Phatehpur, District – Gaya. 11. Pratim Kumari, Wife of Madan Mohan Prasad, resident of village – Bandih, P.S. Karimat Pur, District – Gaya. 12. Madhu Kumari, daughter of Ram Lal Chaudhary, resident of village – Salempu, P.S. Naurang, District – Gaya. 13. Swata Rani, Wife of Anil Kr. Singh, resident of Ghughari Road, P.S. Mufasil, District – Gaya. 14. Renu Kumari, daughter of Tuni Pandit, resident of Buniyadganj, P.S. Buniyadganj, District – Gaya. 15. Sangeeta Kumari Sharma, wife of Krishna Chand Sharma, resident of village – Karsili, P.S. Ramsangh gath, District – Gaya. 16. Asmita Kumari, daughter of Ram vilash Vishawkarma, resident of village + P.O. Kariladpur, P.S. Phatehpur, District – Gaya. 17. Sabita Lal, wife of Kanhaiya Lal, resident of village – Murli hill, P.S. Telbighaha, District – Gaya. 18. Babby Kumari, daughter of Kishan Sah, resident of Bhadegi, P.S. Mufassi, District – Gaya. 19. Saroj Kumari, daughter of Ram Prasad Yadav, resident of village – Mahudar, P.O. Kariyadpur, P.S. Fatehpur, District – Gaya. - 2 - 20. Deepa Singh, wife of Umesh Kumar Sinha, resident of village + P.O.- Tankupa, District – Gaya. 21. Renu Kumar, daughter of Ramlila Yadav, resident of village – Surangabigha, P.O. Kariyadpur, P.S. Fatehpur, District – Gaya. 22. Usha Kumari, daughter of Jagdish Prajapati, resident of village – Kokhta, P.O. Karimadpur, P.S. Fatehpur, District –Gaya. 23. Renu, daughter of Rajnidi Prasad, resident of village + P.O. Chowar, P.S. Tankupa, District – Gaya. 24. Guriya Kumari, daughter of Mahesh Prasad, resident of village – Warsali, P.S. Tankupa, District – Gaya. 25. Priya Bharti, daughter of Ramkali Prasad, resident of village – Ghughari Road, Gaya, District – Gaya. 26. Munna Kumar Chaudhary, Son of Kedar Chaudhary, resident of village A.M. Jha Road, Gaya, P.S. Mufassil, District – Gaya. 27. Naresh Kumar Sharma, Son of late Sita Ram Singh, resident of village + P.O. Chour, P.S. Tankupa, District – Gaya. 28. Md. Attulah, Son of Md. Usman, resident of village – Naurang, P.S. Naurang, District – Gaya. 29. Kiran Kumari, daughter of Jeet Bahadur Singh, resident of village – Maligawan, P.S. Kajisaray, District – Jehanabad. 30. Babita Kumari, daughter of Krishna Chaudhary, resident of village – Slempur, P.S. Naurang, District – Gaya. …. Respondents. ----------- 02/ 11.11.2009 Heard counsel for the petitioners and counsel appearing for the State. Petitioners are aggrieved as despite their eligibility they were not appointed as a Panchayat teacher in Gram Panchayat Jagarnathpur and Chowar in Tankuppa Block District – Gaya. Their grievance is that against the illegal appointments made in these two Gram Panchayats, they raised their objection within the time provided under Panchayat Primary Teachers Appointment and Service Conditions Rules, 2006 before the appropriate authority, which was duly entertained by the Block Development - 3 - Officer. The Block Development Officer on different occasions directed the Panchayat Secretary and Mukhiya of the concerned Gram Panchayats for fresh counselling, but that was not done. Ignoring the direction of Block Development Officer and without further counselling as directed by the B.D.O., the appointment letters were issued to the such persons, who had lesser marks and who were not eligible to be appointed as Panchayat teachers. Petitioners preferred an appeal before the appellate forum vide Appeal No. 08 of 2008, that was dismissed on certain technical ground that petitioners were not party in C.W.J.C. No. 8679 of 2008, wherein a direction has been issued by this Court to entertain appeal preferred by the petitioners. The second ground for not entertaining the appeal preferred by the petitioners by the appellate forum was that the matter related to 2006 appointments, and since petitioners’ objection were not pending before the B.D.O. or any appropriate forum, in the matters relalting to 2006 appointment unless it is referred to the District Teachers Employment Appellate Tribunal under 2008 Rules, it cannot be entertained. I find that the ground taken by the appellate - 4 - authority for dismissing the appeal preferred by the petitioners is not tenable as petitioners’ objection were already there before the Block Development Officer. When one of the appeals on same issue was pending before the appellate forum, the appeal preferred by the petitioners as Appeal No. 08 of 2008 should also have been considered and decided on merit. The order contained in Annexure-20 dated 30.7.2009 contained in Memo No. 1784 passed by the District Teachers Employment Appellate Tribunal, Gaya in Appeal No. 08 of 2009 is quashed. The appeal No. 08 of 2009 is directed to be revived. The petitioners are directed to implead all such persons as party respondents in their appeal, who have been appointed as Panchayat teachers in these two Gram Panchayats. Notices must be go to different necessary parties and thereafter Appeal No. 08 of 2009 be decided along with Appeal No. 65 of 2009 and other similar appeals connected with same matter within the statutory period for deciding the appeal as provided under 2008 Rules. This application is disposed of. DKS/ (Mridula Mishra, J.)