IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11640 of 2008 1. Irshad Ahmad son of Saghir Ahmad, village Satrupatti, P.O. Sarauti, P.S. Ghoghardiha, District Madhubani. 2. Md. Alauddin Karimi, son of Hamidurr Rahman Karimi, Village Satrupatti, P.O. Sarauti, P.S. Ghoghardiha, District Madhubani. 3. Md. Kausar, son of Md. Sikander Village Satrupatti, P.O. Sarauti, P.S. Ghoghardiha, District Madhubani…………………………………………….Petitioners Versus 1. State Of Bihar through the Principal Secretary, Human Resources Development Department, Vikas Bhawan, Patna. 2. The Principal Secretary, Human Resources Development Department, Bihar, Vikas Bhawan, Patna. 3. District Magistrate, Madhubani. 4. Gram Panchayat Sarauti Prakhand Ghoghardiha, District Madhubani through the Secretary. 5. Mukhia Gram Panchayat Sarauti, Prakhand Ghoghardiha, District Madhubani………..Respondents ------------- 3 26.09.2011 I.A. No.931 of 2011 This interlocutory application has been filed by the petitioners for bringing on record certain documents including the enquiry report which was submitted after passing of the impugned order of the Collector. Learned counsel for the petitioners submits that in the enquiry report, it has been found that petitioners’ appointments were valid. The interlocutory application is allowed and the same is directed to be treated as part of the writ application. 2 Heard learned counsel for the petitioners as well as learned counsel for the State on merits. In this writ application, petitioner challenged the order of the Collector, Madhubani dated 18.06.2008, as contained in Annexure-1, by which appointments of the petitioners and some others as Shiksha Mitra have been found to be invalid and the same, therefore, have been cancelled and direction has been issued to appoint some others persons in place of them. Learned counsel for the petitioners submits that under 2006 Rules, the District Collector has no authority to enquire or pass any order in respect of employment of Shiksha Mitra and Panchayat Shikshak. He also submits that the order was passed in violation of Principles of Natural Justice and is in the teeth of the direction issued by the higher authorities as contained in Annexure-8. It is not disputed that under the 2006 Rules, the District Collector has no authority to pass any order in respect of employment of Panchayat Teachers. The order 3 also does not show that before it was passed, any show cause notice was issued to the petitioners giving them an opportunity to be heard in support of validity of their appointment. In the circumstances, the impugned order of the Collector is bad in law and the same is, therefore, quashed. The district authorities shall be at liberty to transmit all the records of the Panchayat, if they so desired, to the statutory Appellate Authority constituted under the Rules for consideration and disposal in accordance with law within the time frame fixed under the Rules, after complying with the Principles of Natural Justice. The writ application is allowed in the manner, as indicated above. BT (J. N. Singh, J.)