IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.322 of 2009 1. Navin Kumar Sharma son of Sri Radha Raman Prasad Sharma, resident of village & Post Goragama, P.S. Patory, District Samastipur 2. Chandra Shekhar Sahni son of Sri Mahavir Sahni, resident of village Hasanpur Surat, P.S. Patory, District Samastipur 3. Manoj Kumar sah, son of Late Jamun Sah, resident of village & Post Bhadurpur Patory, P.S. Patory, District Samastipur…Petitioners Versus 1. The State Of Bihar through the Chief Secretary, Bihar, Patna. 2. The Secretary, Human Resources Development Department, Government of Bihar, Bihar, Patna 3. District Magistrate, Samastipur. 4. The District Superintendent of Education, Samastipur 5. The Block Education Extension Officer, Patori, District Samastipur. 6. The Head Master, Middle School, Patori, District Samastipur……………………………Respondents ----------- 2 24.09.2010 Heard learned counsel for the petitioners as well as learned counsel for the State. By Annexure-1, petitioners have been communicated by the Block Education Extension Officer, Patori that, as per orders of the District Superintendent of Education, their appointment as Panchayat Teacher is being cancelled. Learned counsel for the petitioners submits that the District Superintendent of Education has no authority to pass orders for cancellation of their appointment. 2 In the opinion of this Court, this matter can be well examined and considered by the statutory Appellate Authority constituted under Rule 18 of the Bihar Panchayat Prarambhik Shikshak (Niyojan Avam Seva Sart) Niyamvali, 2006 (as amended). However, learned counsel for the petitioners insists that the impugned order first may be quashed and then the matter may be remitted to the Appellate Authority. Therefore, for satisfaction of learned counsel for the petitioner, the impugned order is quashed. Petitioners are directed to file an appeal before the concerned Appellate Authority within one month from today. If an appeal is filed, the Appellate Authority shall call for the original records, examine the validity of appointment of the petitioners, hear them and respective parties and pass final orders in accordance with law within the time prescribed under the Rules. It is made clear that till final orders are passed by the Appellate Authority in the appeal of the petitioners, petitioners will not be entitled to join 3 the post and he shall not be entitled to payment of salary as a consequence of quashing of the said letter of the Block Education Extension Officer, Patori. It is made clear that this Court has not expressed any opinion with regard to the authority of the District Superintendent of Education, under the Act & Rules to issue such orders, which shall be considered by the Appellate Authority. The writ application is disposed of with the aforesaid observations and directions. BT (J. N. Singh, J.)