IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6673 of 2008 1. IFFAT PARWEEN, D/O MD.SHOAIB KHAN 2. RAJENDRA KUMAR, S/O KAPILDEO SINGH. 3. LALITESHWAR KUMAR, S/O MAHENDRA SINGH, ALL R/O VILLAGE-MAJHAULI, P.O.-MAJHAULI, P.S.- VAISHALI (BELSAR), DISTRICT-VAISHALI AT HAJIPUR. …………PETITIONERS. Versus 1. THE STATE OF BIHAR. 2. THE DISTRICT MAGISTRATE, VAISHALI AT HAZIPUR. 3. THE DISTRICT SUPERINTENDENT OF EDUCATION, VAISHALI AT HAJIPUR. 4. THE BLOCK DEVELOPMENT OFFICER, VAISHALI, DISTRICT-VAISHALI AT HAJIPUR. 5. THE BLOCK EDUCATION EXTENSIO OFFICER, VAISHALI EAST DISTRICT-VAISHALI AT HAJIPUR. 6. THE SECRETARY, GRAM PANCHAYAT RAJ, MAJHAULI, BLOCK-VAISHALI, DISTRICT- VAISHALI AT HAJIPUR. 7. THE MUKHIYA, GRAM PANCHAYAT RAJ, MAJHAULI, BLOCK-VAISHALI, DISTRICT-VAISHALI AT HAJIPUR. 8. BINOD KUMAR, S/O HEM NARAIN SINGH, R/O BARAHATIA, P.S.-VAISHALI, DISTRICT- VAISHALI AT HAJIPUR, PRESENTLY WORKING AS PANCHAYAT TEACHER IN MIDDLE SCHOOL, BARAHATIA MAJHAULI, P.S.-VAISHALI, DISTRICT-VAISHALI AT HAJIPUR. 9. RAUSHAN KUMAR, S/O DINESH PRASAD SINGH, R/O BARAHATIA, P.S.-VAISHALI, DISTRICT- VAISHALI AT HAJIPUR, PRESENTLY WORKING AS PANCHAYAT TEACHER IN PRIMARY SCHOOL, BARAHATIA (HINDI), P.S. VAISHALI, DISTRICT -VAISHALI AT HAJIPUR. 10. MAMTA KUMARI, D/O SHEOJEE PRASAD, R/O MAJHAULI, P.S.-VAISHALI, DISTRICT-VAISHALI AT HAJIPUR, PRESENTLY WORKING AS PANCHAYAT TEACHER IN PRIMARY SCHOOL, CHAK MUNNI, P.S.-VAISHALI, DISTRICT-VAISHALI AT HAJIPUR. 11. DILIP BAITHA, S/O RAM BACHAN BAITHA, R/O MAJHAULI, P.S.-VAISHALI, DISTRICT-VAISHALI AT HAJIPUR, PRESENTLY WORKING AS PANCHAYAT TEACHER IN PRIMARY SCHOOL, MAJHAULI, CHAK MAHJEED, P.S.-VAISHALI, DISTRICT-VAISHALI AT HAJIPUR. 12. UMESH CHANDRA THAKUR, S/O RAJENDRA THAKUR, R/O MAJHAULI, P.S.-VAISHALI, DISTRICT- VAISHALI AT HAJIPUR, PRESENTLY WORKING AS 2 PANCHAYAT TEACHER IN PRIMARY SCHOOL, PACHPAIKA, P.S.-VAISHALI, DISTRICT- VAISHALI AT HAJIPUR. 13. SHAMIM AHMAD HASSAN, S/O MD.ALI, R/O MAJHAULI, P.S.-VAISHALI, DISTRICT-VAISHALI AT HAJIPUR, PRESENTLY WORKING AS PANCHAYAT TEACHER IN PRIMARY SCHOOL, MAJHAULI MAKTAB, DISTRICT-VAISHALI AT HAJIPUR. 14. MD.SHAMIM, S/O MD.JALLALUDDIN, R/O JAGANPURA, P.S.-VAISHALI, DISTRICT- VAISHALI AT HAJIPUR, PRESENTLY WORKING AS PANCHAYAT TEACHER IN PRIMARY SCHOOL, MAJHAULI (URDU), P.S.-VAISHALI, DISTRICT- VAISHALI AT HAJIPUR. ………………RESPONDENTS. ----------- 4 01.08.2011 Petitioners are aggrieved by the appointment of respondent nos.8 to 14 as Shiksha Mitra made in 2003. The allegation of the petitioners is that large scale bungling was committed in their appointment ignoring the more meritorious and deserving candidates who were all applicants in the process. On the record one typed copy of the application of petitioner no.1 dated 20.05.2003 addressed to the Inquiry Officer of district of Vaishali is annexed as Annexure-2/A. The next application which appears to have been filed jointly by some of the applicants including the petitioners before the Collector, Vaishali is dated 05.09.2006 annexed as Annexure-9. Yet another joint application of the petitioners and others dated 15.09.2006 3 addressed to the Secretary, Human Resources Department is Annexure-10. Then one legal notice dated 15.09.2006 addressed to the various authorities of the district is annexed as Annexure-11. If these applications are genuine and had actually been filed in the office of the respondents, the respondents in normal course should have considered the same. Particularly, if the application dated 20.05.2003 was actually filed and is available in the records, it can be said that the petitioners filed their complaint promptly after the so-called illegal appointments were made. Hence, if the applications are available in the records of the respondents and, if no final orders have been passed after full-fledged inquiry, it can be assumed that the matter in respect of complaint against the so- called illegal appointments made in the Panchayat against the post of Shiksha Mitra has remained pending with the respondents. In that event, the respondents are under legal obligation to refer the matter to the statutory Appellate Authority for 4 its consideration which they must do within one month from the date of receipt/production of a copy of this order. On receipt of the records, the Appellate Authority shall issue notice to the concerned parties giving them opportunity to be heard, shall call for the original records, if necessary, and shall dispose of the matter finally in accordance with law preferably within three months from the date of receipt of the records. The writ application is disposed of with the aforesaid observations and directions. Arvind/ ( J.N. Singh, J.)