IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11931 of 2009 KIRAN, Daughter of Radha Krishna Prasad Singh, resident of village+P.O.- Pirhanda, P.S+Anchal-Sikandra, District-Jamui. ………..Petitioner. Versus 1. The State of Bihar through the Principal Secretary, Department of Human Resources, Government of Bihar, Patna. 2. The Director, Primary Education, Bihar, Patna. 3. The District Magistrate, District-Jamui. 4. The District Superintendent of Education, District-Jamui. 5. The Block Development Officer, Khaira, Block-Khaira, District-Jamui. 6. The Block Education Extension Officer, Khaira, Block-Khaira, District- Jamui. 7. The Mukhiya, Gram Panchayat Raj, Khaira, Block-Khaira, District-Jamui. 8. The Panchayat Secretary, Gram Panchayat Raj, Khaira, Block-Khaira, District-Jamui. ……………Respondents. ----------- 2/ 17.11.2009 Heard counsel for the petitioner and the State. Petitioner’s grievance is that despite a direction issued by the District Appellate Tribunal, Jamui to initiate process for appointment in accordance with law, the Panchayat Secretary and Mukhiya of the Khaira Gram Panchayat have not initiated any process for appointment and as such petitioner has not been appointed. This is the second time that appointment matter of Khaira Gram Panchayat has come to this Court. Earlier one Savita Kumari had come before this Court and filed CWJC No. 5735 of 2009, challenging the order dated 3103.2009 passed by the Appellate Authority, Jamui, on the ground that without issuing any notice to Savita Kumari, who was actually appointed on the post of Panchayat Teacher, the order cancelling her appointment, has been passed. The writ application was disposed of by order dated 5.5.2009 and liberty was given to Savita Kumari for filing an 2 application before Appellate Authority within three weeks and the appellate authority was directd to hear the matter afresh. As per the direction of this Court the appellate authority has passed fresh order dated 11.07.2009 contained in Memo No. 479 and the earlier order dated 31.03.2009 has been affirmed. In the earlier order dated 31.03.2009, the appellate authority had recorded a finding that without observing proper selection process in accordance with law and without giving any notice to the applicants Savita Kumari was appointed on the post of Panchayat Teacher. The finding was that selection process was not observed properly, as such appointment was not in accordance with law. The result of such finding will be that fresh appointment process has to be initiated for proper and legal appointment. Petitioner cannot claim to be appointed without there being any initiation of selection process for appointing Panchayat Teachers, in accordance with law. This application is being disposed of, directing the Appointment Committee of Khaira Gram Panchayat to initiate proceeding for fresh appointment against the vacancy. In case the vacancy existing in Khaira Gram Panchayt has been included as a vacancy for appointment under 2008 Rules, it goes without saying that appointment will be made as per 2008 rules. Petitioner will have liberty to participate in that appointment process. In case the petitioner succeeds on the basis of her merit, she will be appointed. Sanjeet/ (Mridula Mishra, J.)