IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13307 of 2008 1.Rukmini Kumari, wife of Sri Nagendra Baitha, resident of village Pachpaika, P.O. Pachpaika, P.S. Ujiarpur, Block Ujiarpur, via Dalsingsarai, District- Samastipur 2.Rani Kumari, wife of Sri Keshri Kumar Raman, resident of village Baikunthpur Brahanda, P.O. Ghatho, P.S.+Prakhand- Ujiarpur, via Dalsingsarai, District- Samastipur, Rajkiya Utkramit Madhya Vidyalaya Baikunthpur, Brahanda, Samastipur. 3.Ragini Kumari, wife of Sri Rajiv Kumar Chaudhary, C/O Sri Pramanand Choudhary, resident of village +P.O. Pachpaika, P.S.+Prakhand- Ujiarpur, via Dalsingsarai, District- Samastipur 4.Nand Kishore Thakur, son of Sri Bisheshwar Thakur, resident of village Pachpaika, P.O. Pachpaika, via Dalsingsarai, P.S. Ujiarpur, District- Samastipur. Rajkiya Utkramit Madhya Vidyalaya, Baikunthpur Brahanda, Samastipur 5.Pratima Kumari wife of Sri Bipin Kumar Thakur, resident of village+P.O.- Pachpaika, P.S. Ujiarpur, via Dalsingsarai, District- Samastipur, Rajkiya Madhya Vidyalaya, Pachpaika, Samastipur 6.Kumari Sajani, wife of Sri Rajnish Kumar, C/O Sri Bijendra Kumar Choudhary, resident of village+P.O. Pachpaika, P.S.+Prakhand Ujiarpur, via Dalsingsarai, District- Samastipur. Rajkiya Prathmik Kanya Vidyalaya, Pachpaika, Samastipur 7.Navin Kumar Choudhary, son of Sri Jay Narayan Choudhary, resident of village +P.O. Pachpaika, via Dalsingsarai, P.S.+Prakhand – Ujiarpur, District- Samastipur. Rajkiya Madhya Vidyalaya, Pachpaika, Samastipur. …………. Petitioners Versus 1.The State Of Bihar through the Secretary, Education and Human Resources Development Department, Bihar, Patna 2.The District Magistrate, Samastipur 3.The District Superintendent of Education, Samastipur 4.The Block Development Officer, Ujiarpur Block, Samastipur 5.The Block Education Extension Officer, Ujiarpur Block, Samastipur 6.The Mukhiya, Gram Panchayat Baikunthpur Brahanda, Samastipur 7.The Panchayat Secretary, Gram Panchayat Baikunthpur Brahanda, Ujiarpur, Samastipur ………… Respondents ---------------------------------- 2 2. 18/10/2011 Petitioners’ appointments were earlier cancelled by order dated 19.2.2007. They moved this Court through C.W.J.C.No.5815 of 2007. The said writ application was heard on 12.2.2008. This Court found that the ground for termination of services of the petitioners was that they were appointed without recommendation of Sukh Subidha Committee. The Court found that the petitioners had produced some materials on record to show that there was a meeting of the Sukh Subidha Committee which recommended the names of the petitioners for appointment. It also found that before the order of termination was passed, petitioners were not heard. Hence, this Court quashed the impugned order and remitted the matter back for reconsideration with liberty to the petitioners to file representation. Accordingly, petitioners filed representation which was considered, petitioners were heard and orders were passed by the District Superintendent of Education on 10.5.2008, copy whereof is impugned Annexure-1. Learned senior counsel for the 3 petitioners submits that the representations of the petitioners have been rejected again on the ground that no meeting of the Sukh Subidha Committee was held for recommendation of the names of the petitioners. He has referred to a typed copy of the certificate of Up-Mukhiya, as contained in Annexure-3, to show that in fact there was a meeting of the Sukh Subidha Committee on 13.6.2005 at 10.00 A.M. which recommended the names of the petitioners. Dispute is essentially a question of fact. This cannot be decided on the basis of affidavit and counter affidavit and on the basis of typed copy of documents. Hence, petitioners are directed to file a representation before the statutory Appellate Authority, constituted under the Rules in terms of 2008 amendment, within four weeks from today. If they do so, the Appellate Authority shall call for the original records from the Panchayat including relevant register of proceeding of the Sukh Subidha Committee, shall ascertain and verify with regard to correctness or otherwise of assertions of the petitioners that there was a meeting of the Sukh Subidha 4 Committee which recommended the names of the petitioners. The Appellate Authority shall also issue notice to the concerned parties giving them opportunity to be heard. Verification of records shall be done by the Appellate Authority in presence of the petitioners or their representatives. Thereafter, final orders shall be passed by the Appellate Authority on merits positively within a period of two months from the date of filing of representation by the petitioners. Pradeep/ ( J. N. Singh,J.)