IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14381 of 2006 RINKI KUMARI Versus THE STATE OF BIHAR & ORS ----------- 6. 02.07.2008 Heard learned counsel for the petitioner and the State as also for the private Respondents. The controversy in this case relates to appointment on contract for 11 months for the post of Shiksha Mitra made in the year 2005. The statutory Rules for appointment of Panchayat teachers came into force on 1.7.2006 described as Bihar Panchayat Primary Teachers (Appointment and Service Conditions) Rules, 2006. The petitioner has filed this writ application on 24.11.2006 after coming into force of the statutory Rules. The fact that no relief may be available to the petitioner on his claim for appointment in 2005 in pursuance of the statutory Rules now having come into force and under Rule 20 of which the private Respondents have now acquired the status of permanency as Panchayat Shikshak in pursuance of their initial appointment as Shiksha Mitra in the year 2005 shall not detract from the duty of the authorities from examining the validity of the appointment of the private Respondents. It is submitted that an enquiry report in this regard has been submitted. However, this Court finds that the enquiry report is not by the Block Development Officer, who is the statutory authority under Rule 18 of the aforesaid Rules to examine such matters. The writ application is, therefore, disposed with liberty to - 2 - the petitioner to file a representation before the statutory authority under Rule 18 when the authority shall be required to take an independent decision by fresh application of mind and consideration of all materials including the enquiry report dated 3.2.2007/5.2.2007 and any other report that may be available after hearing all concerned. Such decision must be taken by the statutory authority within a period of four months from the date of receipt and/or production of a copy of this order along with the representation. Counsel for the private Respondents submits that they shall duly cooperate and enter appearance on receipt of notice. In the event of non-cooperation by the private Respondents, the statutory authority shall be at liberty to proceed against him ex parte after recording his satisfaction in that regard. AKS/ (Navin Sinha, J.)