IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16333 of 2008 1.AJAY HANSRAJ son of Shri Ramesh Prasad Singh, resident of Village Ganesh Bigha P.O.Sewnan P.S and Dist.Jehanabad. 2.Baby Kumari wife of Shri Sudhrshan Thakur D/o Shri Kapildev Thakur resident of Village & P.I.Sewnan P.S. & Dist.Jehanabad. 3Nirmala Kumari wife of Shri Shambhu Kumar, resident of Village Salempur P.O. Sewnan P.S. and Dist.Jehanabad. Versus 1.THE STATE OF BIHAR 2.The Principal Secre4tary, Department of Human Resources Development, Bihar, Patna 3.The Director, Primary Education, Bihar, Patna. 4.District Magistrate-cum- District Programme Co-ordinator, Jehanabad. 5.District Superintendent of Education-cum-District Programme Co-ordinator Sarva Shiksha Abhiyan, Jehanabad. 6.Block Development Officer, Jehanabad. 7.Block Education Extension Officer, Jehanabad. 8.Mukhiya,Gram Panchayat Sewnan Dist.Jehanabad. ----------- 2 4.9.2009. Petitioners have challenged the order dated 24.7.2008, issued under the signature of District Magistrate, Jehanabad whereby the appointment of the petitioners have been cancelled and also to quash the order contained in Memo no.1666 dated 7.8.2008 issued under the signature of District Superintendent of Education-cum-District Programme Co-ordinator, Sarva Siksha 2 Abhiyan, Jehanabad. The order has been challenged on the ground that on the dictate of District Magistrate, the District Superintendent of Education, Jehanabad has issued the order directing the Mukhiya and Secretary to issue termination order in compliance of the direction of the District Magistrate.Accordingly in compliance of these directions the Mukhiya, Gram Panchayat Raj Sewanan has issued termination order in case of the petitioners vide Memo no.20 dated 13.9.2008. Prayer of the petitioners is also for quashing this order. The impugned orders have been challenged by the petitioners on the ground of being illegal and arbitrary as without assigning any opportunity to the petitioners, their appointment have been cancelled. However , it is stated that under 2006 Bihar Panchayat Teachers Appointment and Service Condition Rules neither the District Magistrate nor the District Superintendent of Education has got jurisdiction to pass any such order. Further the order passed by the Mukhia has been challenged on the ground that the order has been passed in compliance of the direction by authority who has got no jurisdiction to pass such order. The final order issued by the statutory authority is also illegal. Counsel for the petitioner has placed reliance on a decision reported in 2008 (4) P.L.J.R.132 and also the decision reported in 20093) P.L.J.R.48. Finding recorded in these decisions fully covered the case of the petitioners. Considering these facts all the three impugned orders issued by the District Magistrate, Jehanabad, dated 24.7.2008, the order dated 7.8.2008 issued by the District Superintendent of 3 Education, Jehanabad and also the order issued by the Mukhia dated 13.9.2008 contained in Memo no.20 terminating the petitioners services are quashed. This application is allowed. Sss/- (Mridula Mishra, J)