IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15065 of 2009 KAUSHILYA KUMARI, W/o Suresh Ray, resident of village-Pard, P.S.- Dalsinghsarai, District-Samastipur. ……….Petitioner. Versus 1. The State of Bihar through the Principal Secretary, Human Resources Development Department, Government of Bihar, Patna. 2. The Director, Primary Education, Government of Bihar, Patna. 3. the Member, District Teacher Appointment Appellate Authority, Samastipur, District-Samastipur. 4. The District Magistrate, Samastipur. 5. The District Superintendent of Education, Samastipur, District- Samastipur. 6. The Block Development Officedr, Dalsinghsarai, District- Samastipur. 7. The Sub-Divisional Officer, Dalsinghsarai, District-Samastipur. 8. The Mukhiya, Gram panchayat Raj-Pard, Block-Dalsinghsarai, District-Samastipur. 9. The Panchayat Secretary, Gram Panchayat Raj-Pard, Block- Dalsinghsarai, District-Samastipur. 10. Talat Anjum W/o not known, resident of village-Pard, P.S.- Dalsinghsarai, District-Samastipur. ………….Respondents. ----------- 2/ 18.02.2010 Counsels for the petitioner, State and respondent No. 10 are present. Counter affidavit has been filed on behalf of respondent No. 10. Petitioner’s case is that she was appointed on the post of Panchayat Shiksha Mitra in general female category in place of Anita Singh as she remained absent for a long period without any information. Subsequently, she was also absorbed on the post. Respondent No. 10 namely, Talat Anjum was appointed as Urdu knowing teacher in Primary School, Dakotol, Gram Panchayat Raj, Pard, District-Samastipur. - 2 - The case of the petitioner and respondent No. 10 is that they were appointed in two different schools and discharging their duties. However, the District Teachers Appointment Appellate Tribunal in Appeal No. 812 of 2009, preferred by Talat Anjum, has cancelled the appointment of petitioner. Talat Anjum has filed this appeal because the Distrcit Magistrate, Samastipur has cancelled the appointment of all teachers selected in the Panchayat. Thereafter, each and every one was re-instated except Talat Anjum. In the appeal preferred by Talat Anjum petitioner namely Kaushilya Kumari @ Kaushilya Devi was not noticed but her appointment has been cancelled on the ground that she was appointed in a school where only Urdu knowing Panchayat Shiksha Mitra could have been appointed. Petitioner’s case is that she was never appointed as Urdu Knowing teacher in a school where such teacher was required to be appointed, rather, she was appointed in the school in question as per the roster. The order dated 31.08.2009 passed by the Member, District Teachers Appointment Appellate Authority, Samastipur and the follow up order dated 09.09.2009 passed by - 3 - the Mukhiya of Gram Panchayat Raj, Pard, Block- Dalsinghsasrai, District-Samastipur, are quashed. The matter is remitted back to the District Teachers Appointment Appellate Tribunal, Samastipur, for re-hearing and re-adjudication of the appeal preferred by Talat Anjum. Petitioner should also be noticed, the concerned Mukhiya, Panchayat Secretary and the Headmasters of the schools where the petitioner are working, should also be noticed considering entire facts and the law the appeal should be decided. Till the appeal is decided, status quo as existing prior to 31.08.2009 shall be restored. Sanjeet/ (Mridula Mishra, J.)