IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4238 of 2007 Deep Mala Kumari @ Smt.Deep Mala Kumari w/o Harendra Manjhi, R/o Village Bhada, P.s. Jamo Bazar, District-Siwan. .... .... Petitioner Versus 1. The State Of Bihar, through Secretary Primary and Adult Education Department, Govt. of Bihar. 2. The Director Primary Education, Govt. of Bihar, Patna. 3. The Collector-cum-District Magistrate, Siwan. 4. The District Superintendent of Education, Siwan. 5. The Block Education Extension Officer Basantpur-1, District-Siwan. 6. The Mukhiya Gram Panchayat Raj Bhada Khurd Anchal, Basantpur-1, District-Siwan. 7. The Secretary Gram Education Committee, Govt. Upgraded Middle School, Urdu Bhada Anchal Basantpur, District-Siwan. 8. The Headmaster Govt. Upgraded Middle School, Urdu Bhada Anchal Basantpur, District-Siwan. 9. The Chairman Gram Education Committee, Govt. Upgraded Middle School Urdu Bhada Anchal, Basantpur, District-Siwan. .... .... Respondents with CWJC No.4267 of 2007 1. Supriya Kumari W/o Rajesh Kumar, R/o Village and P.O.-Baligaon, P.S.-Rafiganj, District- Aurangabad, working in Government Middle School, Baligaon, Rafiganj, Aurangabad. 2. Renu Kumari W/o Sanjay Kumar, R/o Village and P.O>-Baligaon, P.S.-Rafiganj, District- Aurangabad, presently working at Government Middle School, Baligaon, Rafiganj, District- Aurangabad. 3. Shiv Kumar S/o Uday Narayan Singh, R/o Village-Baligaon, P.S.-Rafiganj, District- Aurangabad, presently working at Government Middle School, Baligaon, Rafiganj, District- Aurangabad. 4. Ranjit Prajapti S/o Rambriksha Prajapati, R/o Village-Baligaon, P.S.-Rafiganj, District Aurangabad, presently working at Government Middle School, Baligaon, Rafiganj, District- Aurangabad. 5. Amrendra Das S/o Sohan Das, R/o Village- 2 Baligaon, P.S.-Rafiganj, District-Aurangabad, presently working at Government Middle School, Baligaon, Rafiganj, District- Aurangabad. 6. Anil Kumar Pal S/o Ram Das Bhagat, R/o Village-Baligaon, P.S.-Rafiganj, District- Aurangabad, presently working at Government Middle School, Baligaon, Rafiganj, District- Aurangabad. 7. Kumari Pushpa D/o Jagdish Mishra, R/o Village-Baligaon, P.S.-Rafiganj, District- Aurangabad, presently working at Government Middle School, Baligaon, Rafiganj, District- Aurangabad. .... .... Petitioners Versus 1. The State Of Bihar. 2. District Magistrate, Aurangabad. 3. District Superintendent of Education, Aurangabad. 4. Block Education Extension Officer, Rafiganj, Aurangabad. 5. Mukhiya, Gram Panchayat Baligaon, Rafiganj, District-Aurangabad. .... .... Respondents with CWJC No.4275 of 2007 Lal Mohar Singh S/o Sri Vishwanath Singh, R/o Village and Post-Raghunathpur, Police Station- Brahmpur, District-Buxar. .... .... Petitioner Versus 1. The State Of Bihar. 2. The District Magistrate, Buxar. 3. The Deputy Development Commissioner, Buxar. 4. The Sub-divisional Officer, Buxar. 5. The District Superintendent of Education, Buxar. 6. The Block Development Officer, Brahmpur, District-Buxar. 7. The Block Education Extension Officer, Brahmpur, District-Buxar. 8. The Head Master, Madhya Vidyalay, Raghunathpur, Post-Raghunathpur, Anchal- Brahmpur, District-Buxar. 9. The Mukhiya, Gram Panchayat, Raghunathpur, Post-Raghunathpur, Anchal-Brahmpur, District-Buxar. .... .... Respondents 3 with CWJC No.4289 of 2007 Chhathu Ram S/o Gauri Shankar Ram, R/o Village- madaini, Anchal-Shivsagar, District-Rohtas at Sasaram. .... .... Petitioner Versus 1. The State Of Bihar. 2. The District Magistrate, Rohtas at Sasaram. 3. The Secretary, Primary and Adult Education, Bihar, at Patna. 4. The District Education, Officer, Rohtas at Sasaram. 5. The District Superintendent of Education, Rohtas at Sasaram. 6. The Block Development Officer, Shivsagar, District-Rohtas at Sasaram. 7. The Panchayat Sevak, Village Panchayat- Sonhar, District- Rohtas at Sasaram. 8. The Mukhiya, Village-Panchayat-Sonhar, District-Rohtas at Sasaram. 9. The Head Mistress of Primary School, Madaini, Block-Shivsagar, District-Rohtas at Sasaram. 10. The President of School Education Committee, Primary School, Madaini, Shivsagar, District-Rohtas at Sasaram. .... .... Respondents with CWJC No.4334 of 2007 Anant Kumar S/o Chandradeo Prasad, R/o Village- Khardih, P.O.-Lahathua, P.S.-Mohanpur, District- Gaya. .... .... Petitioner Versus 1. The State Of Bihar. 2. The Secretary-cum-Commissioner, Human Resources Development Department, (Madhyamik Shiksha), Govt. of Bihar, Patna. 3. The District Magistrate, Gaya. 4. The District superintendent of Education, Gaya. 5. The District Education Officer, Gaya. 6. The Block Development Officer, Mohanpur, District-Gaya. 7. The Mukhiya, Gram Panchayat Khardih, District-Gaya. 8. The Secretary, Panchayat Khardih, District Gaya. .... .... Respondents 4 with CWJC No.4370 of 2007 Archana Kumari D/o Sri Maheshwar Mishra, R/o Village and P.O.-Babhani Via-Durgaganj, Police Station-Dagarua, District-Purnea. .... .... Petitioner Versus 1. The State Of Bihar. 2. The Secretary Primary and Adult Education Department, Government of Bihar, Patna. 3. Director, Primary Education Department, Government of Bihar, Patna. 4. District Magistrate, Purnea. 5. District Superintendent of Education, Purnea-cum-District Programme Coordinator, Bihar Shiksha Pariyojana, Purnea. 6. Block Education Extension Officer, East Block, Purnea. 7. Mukhia, Gram Panchayat Babhani, District- Purnea. 8. Panchayat Secretary, Gram Panchayat, Babhani, Purnea. 9. Srimati Bubul Devi @ Bulbul Kumar, W/o Sri Subodh Kumar Jha, R/o Japharpur, P.O.- Babhani, Via-Durgaganj, Police Station- Dagarua, District-Purnea. .... .... Respondents with CWJC No.3186 of 2007 Renu Kumari D/o Sri Baidyanath Rai, W/o Sri Sanjeev Kumar Bhagat, R/o Village and P.O.-Dih Dashahara, Via-Mohiuddin Nagar, P.S.-Patori, District-Samastipur. .... .... Petitioner Versus 1. The State Of Bihar. 2. The District Magistrate, Samastipur, District-Samastipur. 3. The D.E.O., Samastipur, District- Samastipur. 4. D.S.E., Samastipur, District-Samastipur. 5. Block Development Officer, Block-Mohiuddin Nagar, District-Samastipur. 6. Block Education Extension Officer, Mohiuddin Nagar, District-Samastipur. 7. Mukhiya of Panchayat, Raspur Patasia Purab, Block-Mohiuddin Nagar, District-Samastipur. 8. Sri Baidyanath Mahto, Panchayat Sewak, 5 Raspur Patasia Purab, Block-Mohiuddin Nagar, District-Samastipur. 9. Punam Kumari, W/o Not known, C/o Binda Rai (Retd. Teacher) of Village-Kursaha, Via- Mohiuddin Nagar, District-Samastipur. .... .... Respondents with CWJC No.3205 of 2007 Triful Devi W/o Mahakant Paswan, R/o Village- Babhani, P.S.-Gamharia, District-Madhepura. .... .... Petitioner Versus 1. The State Of Bihar through the Secretary Primary and Adult Education Department, Bihar, Patna. 2. The Director Primary Education, Bihar, Patna. 3. The District Magistrate, Madhepura. 4. The District Superintendent of Education- cum-District Programme Co-ordinator Sarve Siksha Abhiyan, Madhepura. 5. The Block Development Officer Gamharia. 6. The Block Education Extension Officer-cum- Block Co-ordinator Sarve Siksha Abhiyan, Gamharia, District-Madhepura. 7. The Head Master, Middle School Babhani, Gamharia. 8. The Mukhiya, Gram Panchayat Babhani, P.S. Gamharia, District-Madhepura. .... .... Respondents with CWJC No.3264 of 2007 Manorma Devi W/o Sri Kamdeo Singh, R/o Village- Sarai Tand, P.S.-Gurua, District-Gaya. .... .... Petitioner Versus 1. The State Of Bihar. 2. The Secretary, Primary and Adult Edcuation Department, Govt. of Bihar, Patna. 3. The District Magistrate, Gaya. 4. The Sub-divisional Officer, Sherghatti, Gaya. 5. The Block Development Officer, Gurua, Gaya. 6. The District Superintendent of Education, Gaya. 7. The Block Education Extension Officer, Gurua, District-Gaya. 8. The Mukhiya, Nadaura Gram Panchayat, Gurua, Gaya. 9. The Secretary, Nadaura Gram Panchayat, 6 Gurua, District-Gaya. 10. The Head Master, Primary School, Pendapur, Gurua, District-Gaya. .... .... Respondents with CWJC No.3293 of 2007 Gouri Shankar S/o Krishna Singh, R/o Village- Jarang Rampur, Police Station-Belsar, District- Vaishali. .... .... Petitioner Versus 1. The State Of Bihar through the Secretary, Primary Education, Government of Bihar, Patna. 2. The Director, Primary Education, Government of Bihar, Patna. 3. The District Magistrate, Vaishali at Hajipur. 4. The Deputy Superintendent of Education, District Vaishali at Hajipur. 5. The Mukhiya, Gram Panchayat, Jarang Rampur, District-Vaishali. 6. The Headmaster, Government Middle School, Jarang, Rampur, Police Station Belsar, District-Vaishali. .... .... Respondents with CWJC No.3470 of 2007 Raju Kumar S/o late Musafir Singh, R/o Village- Sahar chhapra, P.S.-Derni, District-Saran at Chapra. .... .... Petitioner Versus 1. The State Of Bihar through Secretary, Punchayat Raj, Government of Bihar, Patna. 2. Director, Punchayati Raj, Government of Bihar, Patna. 3. District Magistrate, Saran at Chapra. 4. Sub Divisional Officer, Saran at Chapra. 5. District Superintendent of Education, Saran at Chapra. 6. Mukhiya, Gram Panchayat Raj Pojhi Khajauli, under Daryapur Block of Saran District. 7. Block Development Officer, Daryapur Block, under Saran District. 8. Circle Officer, Daryapur Block, under Saran District. 9. Punchayat Sevak, Punchayati Raj Pojhi Khajauli, under Daryapur Block of Saran District. .... .... Respondents 7 with CWJC No.3495 of 2007 Smt.Shanti Kumari W/o Shree Haris Chandra Mahto, R/o Village Bijlipur, P.O.-Tamuriya Panchayat, Kachhua, Block+P.S.-Lakhanaur, District-Madhubani. .... .... Petitioner Versus 1. The State Of Bihar. 2. The District Magistrate, Madhubani. 3. The District Superintendent of Education Madhubani. 4. The Sub-divisional Officer Jhanjharpur, Madhubani. 5. The Block Development Officer Lakhanaur. 6. The Block Education Officer Lakhnaur. 7. Ramchandra Raut S/o Kapleshwar Raut, R/o Village-Nandinagar, Panchayat Kachchua, P.O.-Tamauriya, P.S.+Block-Lakhnaur, District Madhubani at present as a Mukhiya. .... .... Respondents with CWJC No.3531 of 2007 Manoj Kumar Rajjak S/o Sri Laxmi Rajjak, R/o Village-Sindhiya Diwanganj , P.S.-Sadar, District- Purnia. .... .... Petitioner Versus 1. The State Of Bihar, through Collector, Purnia. 2. District Superintendent of Education, Purnia. 3. Block Education Officer, Sadar, East, Purnia. 4. Area Education Extension Officer, Sadar, East Purnia. 5. Mukhiya, Gram Panchayat, Dimiyan Chhatarjan, Purnia. 6. Headmaster, Middle School, Belwa, Sri Nagar, Purnia. .... .... Respondents with CWJC No.3687 of 2007 Kiran Kumari W/o Sri Raj Kumar, R/o Village- Jaidpur, P.S.- Barahiya, District-Lakhisarai. .... .... Petitioner Versus 1. The State Of Bihar. 2. The Secretary, Primary and Adult Education, Bihar, Patna. 3. The Director, Primary Education, Human 8 Resources Development Department, Patna. 4. The District Magistrate, Lakhisarai. 5. The District Superintendent Education, Lakhisarai. 6. The Head Master, Primary School, Ram Nagar (New), Hirdan Bigha. 7. The Mukhiya, Jaidupur Gram Panchayat under Lakhisarai District. 8. Ahiliya Kumari, W/o Ram Parvesh Singh @ Mangal Singh, R/o Village-Jaidpur, P.S.- Barahiya, District-Lakhisarai. .... .... Respondents with CWJC No.3632 of 2007 Anuj Kumar Shivlochan S/o Shri Bhawani Shankar Vidyarthi, R/o Village-Pairgha, P.O.-Bharko, P.S.- Amarpur, District-Banka. .... .... Petitioner/s Versus 1. The State Of Bihar. 2. The Commissioner-cum-Secretary, Human Resources Development Department, Govt. of Bihar, Patna. 3. The Secretary, Department of Primary and Adult Education, Government of Bihar, Patna. 4. The District Magistrate, Banka. 5. District Education Officer, Banka. 6. District Superintendent of Education, Banka. 7. Mukhia, Gram Panchayat Raj, Shadpur, Block- Phulidumar, P.S.-Amarpur, District-Banka. 8. Panchayat Secretary, Gram Panchayat Raj, Shadpur, Block-Phulidumar, P.S.-Amarpur, District-Banka. .... .... Respondent/s with CWJC No.3716 of 2007 1. Pramod Kumar Singh S/o Dharmaraj Singh. 2. Kalawati Kumari W/o Manoj Kumar. Both are residents of Village-Ahirauli, Police Station Industrial, P.S.-Buxar, District-Buxar. .... .... Petitioners Versus 1. The State Of Bihar. 2. The Secretary, Department of Education, Government of Bihar, Patna. 3. The District Magistrate, Buxar. 4. The District Superintendent of Education- 9 cum-the Co-ordinator, District Sarva Shiksha Abhiyan, Buxar. 5. Ex-Mukhiya, Ahirauli Gram Panchayat, District-Buxar. 6. Present Mukhiya, Ahirauli Gram Panchayat, District-Buxar. 7. Panchayat Secretary Gram Panchayat Ahirauli, District-Buxar. 8. The Incharge Head Master, Middle School, Ahirauli, Police Station Industrial, P.S.- Buxar, District-Buxar. .... .... Respondent with CWJC No.3137 of 2007 Ram Baran Ram S/o late Mangni Ram, R/o village- Khairwa Chainpur, P.S. Majorganj, District- Sitamarhi. .... .... Petitioner Versus 1. The State Of Bihar. 2. District Education Superintendent, Sitamarhi. 3. The Block Education Officer, Majorganj, Sitamarhi. 4. Panchayat Secretary, Khairwa, Majorganj, Sitamarhi. 5. Surendra Paswan, Mukhiya, Gram Panchayat Raj, Khairwa, P.S.-Majorganj, District- Sitamarhi. .... .... Respondents with CWJC No.3143 of 2007 1. Rekha Kumari W/o Sanjay Kumar, R/o Village- Jhingha, P.S.-Motipur, District-Muzaffarpur. 2. Ajima Khatoon, D/o Washier Ahmad, R/o Village-Kodarkatta, P.S.-Motipur, District- Muzaffarpur. .... .... Petitioners Versus 1. The State Of Bihar through the Secretary, Education Department, Patna. 2. Collector, Muzaffarpur. 3. Block Development Officer, Motipur Block, District-Muzaffarpur. 4. Mukhiya, Bariarpur West, Panchayat, Motipur Block, District Muzaffarpur. 5. Up-Mukhiya, Bariarpur West Panchayat, Motipur Block, District-Muzaffarpur. 6. Panchayat Sewak, Bariarpur West Panchayat, Motipur Block, District Muzaffarpur. 10 .... .... Respondents with CWJC No.3185 of 2007 Mira Kumari W/o Pankaj Kumar, R/o Village and P.O.-Lohsari, P.S.-Bochahan, District-Muzaffarpur. .... .... Petitioners Versus 1. The State Of Bihar. 2. The Secretary, Primary and Adult Education Department, Government of Bihar, New Secretariat, Patna. 3. The Director, Primary and Adult Education Department, Government of Bihar, New Secretariat, Patna. 4. The District Magistrate, Muzaffarpur, District-Muzaffarpur. 5. The District Superintendent of Education, Muzaffarpur-cum-Programme Co-ordinator, Mass Education Scheme, Muzaffarpur, District-Muzaffarpur. 6. The Block Development Officer, Bochahan, District-Muzaffarpur. 7. The Block Education Extension Officer, Bochahan, District-Muzaffarpur. 8. The Mukhiya, Gram Panchayat Raj, Lohsari, Block-Bochahan, District-Muzaffarpur. 9. The Panchayat Secretary, Gram Panchayat Raj, Lohsari, Block-Bochahan, District- Muzaffarpur. 10. The Headmaster, Primary School, Suryahi, Anchal-Bochahan, District- Muzaffarpur. .... .... Respondents----------- 02 11.07.2011 All these cases relate to the engagement of the petitioners as a Shiksha Mitra and/or appointment on the post of Panchayat Shikshak. It has been claimed by most of the petitioners that had they been engaged and continued in service as a Shiksha Mitra, they could have got the benefit of absorption on the post of 11 Panchayat Shikshak in terms of Rule 20(iii) of 2006 Rules. In some of the cases the grievance relate directly to selection and appointment on the post of Panchayat Shikshak. The aforesaid 2006 Rule however itself provides a statutory alternative remedy in Rule- 18 thereof, wherein, an independent body namely the District Teachers Appellate Authority has been constituted to look into any of the grievances relating to employment on the post of Panchayat Shikshak which in its wide sweep would also include the absorption of Shiksha Mitra on the post of Panchayat Shikshak. For some period of time there was some sort of confusion as with regard to jurisdiction for entertaining the dispute relating to engagement/continuation on the post of Shiksha Mitra, in view of the provisions made in Rule-18 regarding complaint in relation to employment and service condition of Panchayat teachers only but then the State Government has also clarified the same by its circular dated 14.05.2009 in terms of Rule 19 of 2006 Rules that even the dispute relating to the post of Shiksha Mitra could be adjudicated by the District Teachers Appellate Authority. 12 The tribunal in form of the District Teachers Appellate Authority is therefore fully competent to entertain a complaint as with regard to selection and appointment on the post of Shikshamitra or Panchayat Shikshak and it has full powers to find out the facts and decide the issues in the light of the relevant Rules and/or Circular. Therefore, these writ applications are disposed of with a liberty to the petitioners of these cases to approach the concerned District Teachers Appellate Authority within a period of six weeks from today and if such an application by way of complaint is filed individually by them before the concerned Authority, it will proceed to examine the claim of the concerned petitioner on merit and would not non suit any one of them on the ground of limitation. It is however made clear, that in case, the petitioners would also assail the engagement/continuation of any other persons on the post of Shiksha Mitra who have been later on absorbed as Panchayat Shikshak, not only the Authority will have to issue notices to such persons but will have to also afford opportunity of hearing to them before passing the final 13 order on such complaint/representation filed by the petitioners before the Authority. The Authority keeping in view that the dispute has lingered for a long time and that the Authority was constituted during the pendency of these writ applications filed in the year 2007 must ensure that a final decision in accordance with law is taken within a period of six months from the date of filing of the complaint/representation of the concerned petitioners. With the aforementioned observations and direction, these applications are disposed of. Safik/Ranjan (Mihir Kumar Jha, J.)