IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10238 of 2008 Ranju Devi@ Ranju Kumari wife of Sri Pramod Kumar Chaupal, resident of village-Kushmaul, P.S. Bhargama, P.O. Jai Nagar, District- Arariya. …………Petitioner. Versus 1. The State Of Bihar through the Secretary, Primary Education, Government of Bihar, Patna. 2. The Secretary, Primary Education, Govt. of Bihar, Patna. 3. The District Magistrate, Arariya. 4. The Sub-Divisional Magistrate, Farbisganj, Arariya. 5. The Block Development Officer-Cum- Appellate Authority, Block-Bhargama, District-Arariya. 6. The Panchayat Secretary, Gram Panchayat Khushmaul, P.O. Jai Nagar, P.S. Bhargama, District-Arariya. 7. The Mukhiya Gram Panchayat, Khushmaul, P.S. Bhargama, P.O. Jai Nagar, District- Arariya. ….Respondents with CWJC No.10309 of 2008 Poonam Kumari D/O of Sri Satrughan Pd. Yadav, wife of Sri Surendra pd. Yadav, resident of village- Jainagar, P.O. Jainagar, P.S. Bhargama, District-Araria. …………Petitioner. Versus 1. The State of Bihar. 2. The District Magistrate, Arariya. 3. The District Superintendent of Education, Araria. 4. The Area Education Officer, Farbesganj, Araria. 5. The Block Education Extension Officer, Bhargama. 6. The Block Development Officer-Cum- Appellate Authority, Bhargama, District- Arariya. 7. The Panchayat Secretary, Kushmol Panchayat, Bhargama, District-Araria. 8. The Mukhiya, Kushmol Panchayat, P.S. Bhargama, District-Araria. with CWJC No.10347 of 2008 Sarjana Siddhi, D/O Sri Abhay Kumar Yadav, resident of village-Dhargara, ward No.-9, P.O. Simarbani, P.S. Bhargama, via. Forbesganj, District-Araria. ………..Petitioner. 2 Versus 1. The State Of Bihar. 2. The District Magistrate, Araria. 3. The District Superintendent of Education, Araria. 4. The Are Exucation Officer, Forbesganj, Araria. 5. the Block Education Extension Officer, Bhargama, Araria. 6. The Block Development Officer, Cum- appellate authority, Bhargama, District- Araria. 7. The Panchayat Secretary, Kushmol Panchayat, Bhargama, Araria. 8. The Mukhiya, Kushmol Gram Panchayat, P.s. Bhargama, District-Araria. ----------- 6 12.09.2011 In these writ applications a common order of the B.D.O.-cum-Appellate Authority dated 04.05.2008 has been challenged by which he has found the appointments of the petitioners as Panchayat Teachers as invalid and has ordered to cancel the same. Learned counsel for the petitioners submits that though the certificates of the petitioners were examined, but no proper opportunity was given to them to make their submissions in support of validity of their appointments and caste certificates produced by them. The writ application was filed on 15.07.2008 with services of two copies of the same in the office of learned Advocate General. However, till today no counter 3 affidavit has been filed. By earlier order dated 02.02.2010 notices had been issued to respondent nos.6 and 7 and this Court had directed status quo to be maintained, if the posts had not been filled up. From the order it appears that the appointments of the petitioners have been found invalid on perusal of the original records and their certificates which, as per the learned counsel for the petitioners, have not been correctly perused and considered. It is also submitted that had the petitioners been given opportunity to explain in respect of their certificates they would have satisfactorily explained the same to the B.D.O. In view of the submissions of learned counsel for the parties, and there being no denial of the same by any of the respondents, this Court, after quashing the order would have remitted back the matter to the B.D.O. for re-consideration and for fresh orders after giving full opportunity to the petitioners. However, by amendment, the B.D.O. has been absolved of the power of the 4 Appellate Authority and a fresh Appellate Authority has been constituted under the Rules. In the circumstances, the order of the B.D.O is quashed and he is directed to remit the entire records to the duly constituted Appellate Authority within four weeks 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 entire original records from the concerned Panchayat and shall pass fresh orders within three months from the date of receipt of the records from the B.D.O. Till fresh orders are passed by the Appellate Authority, the order of the status quo passed by this Court by order dated 02.02.2010 shall continue. The writ applications are disposed of with the aforesaid observations and directions. Arvind/ ( J.N. Singh, J.)