IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12501 of 2006 YOGENDRA PRASAD YADAV Versus THE STATE OF BIHAR & ORS ----------- 3. 02.07.2008 Heard learned counsel for the petitioner, for the State and for the private Respondents 12 to 17. The controversy in this case relates to initial appointments on contractual basis for 11 months in 2005 on the post of Shiksha Mitra under an advertisement of 2004. The petitioner was also one of the applicants and claims to have been wronged by non-consideration of his case. On 1.7.2006 the Bihar Panchayat Primary Teachers (Appointment and Service Conditions) Rules, 2006 came into force. Under Rule 20 all Shiksha Mitra working on the said date acquired the status of Panchayat Shikshak. The private Respondents thus continued in service on that basis. That in view of coming into force of the statutory Rules, no relief can be granted to the petitioner in the present writ application, is an issue entirely different from the question of validity of the initial appointment of the private Respondents in pursuance of which they acquired the status of permanency of Panchayat Shikshak under the aforesaid Rules. If their initial appointment was invalid, Rule 20 shall not come to their aid. It appears that the appointments were the subject matter of an enquiry. A report has been submitted thereafter on 4.7.2007 presently appended at Annexure-D to the supplementary affidavit filed on behalf of the petitioner on 27.6.2008. Though both side sought to make submissions from the report, this Court does not - 2 - consider it proper to dwell upon the same in view of the nature of the order proposed to be passed hereinafter. Rule 18 of the aforesaid Rules provides statutory remedy and forum with regard to any allegations of alleged illegality in appointment. Since a report has already been submitted on the issue, this writ application is disposed off with liberty to the petitioner to file an application along with the report before the statutory authority under Rule 18. This Court directs the statutory authority under Rule 18 to examine the matter afresh inter alia in light of the enquiry report referred to above and arrive at an independent determination in accordance with law after hearing all concerned. Let such consideration be done and final orders passed within a maximum period of four months from the date of receipt and/or production of a copy of this order. Learned counsel for the private Respondents affirms that they shall duly appear in response to the notice for the same and shall not seek to delay the matter unnecessarily. Should the private Respondents fail to cooperate, it shall be open for the statutory authority to proceed ex parte after recording his satisfaction in that regard. AKS/ (Navin Sinha, J.)