IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5513 of 2008 1. Babita Paul wife of Sri Ranjit Kumar Paul, resident of village Chapara Aash, P.O. Paroo, Police Station Paroo, District Muzaffarpur, presently working as Panchayat Shikshak in New Primary School, Kodariya Mango (South Tola), Gram Panchayat Jagdishpur Baya, Block Paroo, District Muzaffarpur, 2. Parvati Devi @ Parvati Kumari wife of Sri Kaindra Paswan, resident of village and P.O. Repura, P.S. Saraiya, District Muzaffarpur, presently working as Panchayat Shikshak in Primary School, Tilak Pakari, Anchal Saraiya, Gram Panchayat Madhaul, District Mazaffarpur, 3. Manju Kumari wife of Sri Sanjay Kumar Yadav, resident of village Matihani, P.O. Gyaspur, P.S. Paroo, District Muzaffarpur, presently working as Panchayat Shikshak in Primary School, Muja, Anchal Paroo(2), Gram Panchayat Deoria (West), District Mazaffarpur 4. Gulshan wife of Md. Sheraj, resident of village Baruraj, P.S. Baruraj, District Muzaffarpur, presently working as Panchayat Shikshak in Natonalised Middle School, Baruraj (Girls), Gram Panchayat Baruraj(West), Anchal Motipur, District Mazaffarpur, 5. Anita Kumari wife of Sri Mouzi Lal Prasad Yadav, resident of village Sundar Sarai, P.S. Motipur, District Muzaffarpur, presently working as Panchayat Shikshak in Primary School, Fularhi, Anchal Motipur, District Mazaffarpur, 6. Kumari Nirmala wife of Sri Baldeo Rai, resident of village, P.O. and P.S. Baruraj, District Muzaffarpur, presently working as Panchayat Shikshak in Nationalised Middle School, Baruraj(Girls), Gram Panchayat Baruraj (East), District Mazaffarpur, 7. Meena Devi wife of Sri Paramand Bhakta, resident of village Gosainpur, P.O. Rajepur, P.S. Baruraj, District Muzaffarpur, presently working as Panchayat Shikshak in Primary School, Sahmalwa (Mushahar), Gram Panchayat Parsauni Nath, Anchal Motipur, District Mazaffarpur, 8. Manju Kumari wife of Ram Pravesh Ram, resident of village Kashi Chapra, P.O. Kashi Chapra, P.S. Baruraj, District Muzaffarpur, presently working as Panchayat Shikshak in Primary School, Jatkaulia, 2 Gram Panchayat Jatkaulia, Anchal Motipur, District Mazaffarpur, 9. Tara Kumari wife of Sri Nawal Kishore Shah, resident of village and P.O. Sain, P.S. Kanti, District Muzaffarpur, presently working as Panchayat Shikshak in Primary School, Gausi Chapra, Anchal Kanti, Gram Panchayat Sain, District Mazaffarpur, 10.Tanuja Kumari wife of Sri Santosh Kumar Thakur, resident of village Sri Nagar Fulkahan, P.S. Kanti, District Muzaffarpur, presently working as Panchayat Shikshak in Primary School, Maisahan, Gram Panchayat Raj Fulkahan Mani, Anchal Kanti, District Mazaffarpur, 11.Sudha Kumari wife of Sri Mukesh Kumar, resident of village and P.O. Sain Bheriya Tola, P.S. Kanti, District Muzaffarpur, presently working as Panchayat Shikshak in Primary School, Sain Patti Bangara Tole-Dayal, Gram Panchayat Sain, Anchal Kanti, District Mazaffarpur, … ..Petitioners Versus 1. THE STATE OF BIHAR, 2. The Principal Secretary, Human Resources Development Department, Government of Bihar, Patna, 3. The Director, Primary Education, Govt. of Bihar, Patna, 4. The District Magistrate, Muzaffarpur, 5. The District Superintendent of Education, Muzaffarpur, 6. The Block Development Officer, Paroo, District Muzaffarpur, 7. The Block Development Officer, Saraiya, District Muzaffarpur, 8. The Block Development Officer, Motipur, District Muzaffarpur, 9. The Block Development Officer, Kanti, District Muzaffarpur, 10. The Block Education Extension Officer, Paroo, District Muzaffarpur, 11. The Block Education Extension Officer, Saraiya, District Muzaffarpur, 12. The Block Education Extension Officer, Motipur, District Muzaffarpur, 3 13. The Block Education Extension Officer, Kanti, District Muzaffarpur, 14. The Mukhiya, Gram Panchayat Raj, Jagdishpur Baya, Block Paroo, District Muzaffarpur, 15. The Mukhiya, Gram Panchayat Raj, Madhaul, Block Saraiya, District Muzaffarpur, 16. The Mukhiya, Gram Panchayat Raj, Deoria West, Block Paroo, District Muzaffarpur, 17. The Mukhiya, Gram Panchayat Raj, Baruraj West, Block Motipur, District Muzaffarpur, 18. The Mukhiya, Gram Panchayat Raj, Fularh, Block Motipur, District Muzaffarpur, 19. The Mukhiya, Gram Panchayat Raj, Baruraj East, Block Motipur, District Muzaffarpur, 20. The Mukhiya, Gram Panchayat Raj, Parsauni Nath, Block Motipur, District Muzaffarpur, 21. The Mukhiya, Gram Panchayat Raj, Jataulia, Block Motipur, District Muzaffarpur, 22. The Mukhiya, Gram Panchayat Raj, Sain, Block Kanti, District Muzaffarpur, 23. The Mukhiya, Gram Panchayat Raj, Fulkaha Mani, Block Kanti, District Muzaffarpur, 24. The Panchayat Secretary, Gram Panchayat Raj, Jagdishpur Baya, Block Paroo, District Muzaffarpur, 25. The Panchayat Secretary, Gram Panchayat Raj, Madhaul, Block Saraiya, District Muzaffarpur, 26. The Panchayat Secretary, Gram Panchayat Raj, Deoria West, Block Paroo, District Muzaffarpur, 27. The Panchayat Secretary, Gram Panchayat Raj, Baruraj West, Block Motipur, District Muzaffarpur, 28. The Panchayat Secretary, Gram Panchayat Raj, Fularh, Block Motipur, District Muzaffarpur, 29. The Panchayat Secretary, Gram Panchayat Raj, Baruraj East, Block Motipur, District Muzaffarpur, 30. The Panchayat Secretary, Gram Panchayat Raj, Parsauni Nath, Block-Motipur, District Muzaffarpur, 31. The Panchayat Secretary, Gram Panchayat Raj, Jataulia, Block-Motipur, District Muzaffarpur, 32. The Panchayat Secretary, Gram Panchayat Raj, Sain, Block -Kanti, District Muzaffarpur, 33. The Panchayat Secretary, Gram Panchayat Raj, Fulkaha Mani, Block -Kanti, District Muzaffarpur. … Respondents For the Petitioner: Mr. S.B.K. Mangalam, Advocate 4 For the State : Mr. Vijay Kumar Verma, AC to SC V ----------- 8 24.02.2011 Heard learned counsel for the parties. The grievance of the writ petitioners in this writ application is that after their appointment in 2005 the District Magistrate concerned has illegally passed the impugned order dated 15.02.2008 directing the concerned B.D.Os., the Education Officer, Mukhiya and Panchayat Secretaries to cancel their appointment. After that they have not allowed to work, though not terminated till date. It is urged that under the relevant rules, the B.D.O. or the D.D.C. was empowered to hear the complaint and decide the matter. The District Magistrate has no authority to issue such direction. It is submitted that even though no orderof cancellation of appointment has been issued but the appointment of the petitioners has come in cloud due to the direction aforesaid. Learned counsel for the State submits that this writ application is pre-mature as no consequential order of cancellation of appointment has been made. However, he submits that appellate authorities constituted by the State Government under Rule 18 of the Bihar Panchayat 5 Prarambhik Shikshak (Niyojan Avam Seva Shart) Niyamavali, 2006 (as amended by Amendment Rules 2008) (hereinafter to be referred to as “the Rules”) are now functional and hence an efficacious alternative forum is available to the petitioners and others for consideration of all the grievances for their employment. Learned counsel for the petitioners submits that the appellate forum under Rule 18 of the Rules is not competent to look into the grievances of the petitioners as the District Magistrate concerned has illegally directed the concerned authorities for cancelling the engagement of the petitioners on the basis that the persons, who have passed Intermediate Examinations from Prayag Mahila Vidyapith, Allahabad, are not competent to be appointed. I find no force in the submissions made on behalf of the petitioners. It is admitted that the concerned District Magistrate has given the direction to all concerned for taking steps for cancellation of the appointment of the petitioners. The impugned order does not appear to have been passed in terms of Rule 18 of the Rules. It is also admitted that no order of cancellation has been passed by either the appointing authority or the appellate authority 6 either under 2006 Rules or the Rules amended in the year 2008. The relevant provision of Rule 18 of the Rules is quoted hereunder: Þ18- vihy %& bl fu;ekoyh ds v/khu fu;kstu ls lEcfU/kr vihy lquus dh 'kfDr ftyk Lrj ij ljdkj }kjk xfBr ,d ;k ,d ls vf/kd lnL;ksa dh izkf/kdkj dks gksxha A ekuo lalk/ku fodkl foHkkx ds }kjk izkf/kdkj dh LFkkiuk ,oa lsok 'krksZ dk fu/kkZj.k fd;k tk,xk A vihyh; izkf/kdkj dk xBu lsok fuo`Ùk fcgkj U;kf;d lsok] Hkkjrh; iz'kklfud lsok] fcgkj iz'kklfud lsok] fcgkj f'k{kk lsok ds inkf/kdkfj;ksa ,oa f'k{kkfonksa ls fd;k tk,xkAÞ From the bare perusal of the Rules, it appears that the Appellate Authority is competent to hear the appeal in relation to the engagement of the concerned Panchayat Shiksha Mitra or Panchayat Teacher. It cannot be held that the decision taken by the District Magistrate concerned cannot be overruled by the Appellate Authority as he cannot be assumed to have passed the order under Rule 18 of the Rules. The Rules does not indicate that any classification 7 has been provided therein as to which nature of dispute in relation of engagement of any person is to be decided by the Appellate Tribunal. As a result, this writ application is disposed of with the liberty to the petitioners to approach the Appellate Authority by filing an application within eight weeks. On such application having been made, the concerned Authority shall consider and dispose of the same on its own merit by speaking order within the time prescribed under the aforesaid Rules in accordance with law after granting opportunity of hearing to them and on consideration of the documents submitted by the parties. It is made clear that this Court has not expressed any opinion on merit of the cases of the petitioners. Accordingly, this writ application stands disposed of in terms of direction/observation indicated above. SC (Dr. Ravi Ranjan, J.)