IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12488 of 2010 PREM PRAWESH S/O LATE SARYUG PRASAD SINGH R/O VILL.- MAHADATTPUR, P.O.- JAMUNIA, P.S.- NAUGACHHIA, DISTT.- BHAGALPUR. VERSUS 1. THE STATE OF BIHAR, THROUGH THE COMMISSIONER-CUM- SECRETARY, DEPARTMENT OF HUMAN RESOURCE DEVELOPMENT, GOVT. OF BIHAR, PATNA 2. DISTRICT MAGISTRATE, KATIHAR 3. DISTRICT EDUCATION OFFICER, KATIHAR 4. DISTRICT SUPERINTENDENT OF EDUCATION, KATIHAR 5. BLOCK EDUCATION EXTENSION OFFICER, BLOCK OFFICE- KODHA, DISTT.- KATIHAR 6. BLOCK DEVELOPMENT OFFICER, BLOCK OFFICE- KODHA, DISTT.- KATIHAR 7. RAJKUMAR RAI, MUKHIYA PHULWARIA GRAM PANCHAYAT S/O UMESH RAI R/O VILL.- PHULWARIA, P.O.- MARUAH, VIA- GURU BAZAR, BLOCK- KODHA, DISTT.- KATIHAR 8. GURUDAYAL SINGH, PANCHAYAT SACHIV, PHULWARIA GRAM PANCHAYAT, VILL.- PHULWARIA, P.O.- MARUAH, VIA- GURU BAZAR, BLOCK- KODHA, DISTT.- KATIHAR 9. SRI MANOJ KUMAR PANDIT S/O KAILU PANDIT PRESENTLY ASST. TEACHER AT NAYA PRATHMIK SCHOOL, MUSHARI PHULWARI, BLOCK- KODHA, DISTT.- KATIHAR ----------- 02 25.08.2010 Petitioner’s application for appointment as Primary Panchayat Teacher was rejected by the Panchayat Teachers Appointment Committee of Gram Panchayat Raj, Phulwaria in the district of Katihar. The rejection on the ground that the petitioner was holding a vocational degree, which was not treated to be equivalent to Intermediate. The petitioner came to this Court in C.W.J.C. No.15584/2007, which was allowed by judgment and order dated 17.08.2009, holding that vocational degree was equivalent to Intermediate and, accordingly, petitioner had to be considered and appointed if otherwise fit. Accordingly, petitioner was appointed on the unreserved seat on 22.09.2009 and posted to a Primary School. In - 2 - the order of this Court, it was mentioned that consequent to his appointment he shall be paid his salary and in case of any problem he was free to approach the Tribunal. Upon salary not being paid, petitioner approached the Tribunal. While the matter was pending, the Tribunal passed orders for payment of salary but before the Tribunal the Mukhiya of the Gram Panchayat took a stand that petitioner had wrongly been appointed and, as such, had to be terminated. That stand has been impugned before this Court in this writ petition. The ground taken by the Mukhiya is that though the petitioner has been appointed on an unreserved seat the said unreserved seat has been withdrawn and converted to seat for EBC long before selection of petitioner, thus, petitioner was wrongly appointed. On behalf of the petitioner, it is submitted that when the writ petition was filed before this Court no such ground was taken that there was no seat available for the petitioner. It is further submitted that it is for the first time after the orders of this Court and the Tribunal that this new ground has been taken to get rid of the petitioner once again. It is also submitted that it is not known as to under what circumstances and under what authority did the District Superintendent of Education alter the seats. It is further submitted that even if the seats were altered then it has to be reexamined as to which of the selected persons would have to vacate the seats. In my view, these are relevant considerations but this exercise must first be done at the level of the Tribunal. I, therefore, - 3 - direct the petitioner to move the District Teacher Employment Appellate Authority, Katihar against the minutes of the Gram Panchayat dated 30.11.2009 because they have now been first disclosed to the Tribunal. The Tribunal would entertain the appeal and decide the same on merits and decide all issues, as noted above, and any other that the petitioner may be advised to raise. The Tribunal must decide the matter within two months after noticing all the parties and hearing them. Till the final orders of the Tribunal, the petitioner would neither be disturbed nor petitioner’s salary payment withheld. It is further made clear that for the period for which the petitioner has actually been working, petitioner must be paid his due salary within 15 days from the date of production of a copy of this order before the Mukhiya of the concerned Gram Panchayat. With these observations and directions, the writ petition stands disposed of. Trivedi/ (Navaniti Prasad Singh, J.)