IN THE HIGH COURT OF JUDICATURE AT PATNA C.W.J.C. No.3875 of 2008 1. Suman Kumar Jha, son of Sri Jivanand Jha 2. Pankaj Kumar Jha, son of Sri Parmanand Jha both residents of village Rahatmina, P.S. Kursa Kanta, district Araria 3. Naresh Kumar Yadav, son of Sri Mahendra Yadav village Doria, P.S. Kursa Kanta, district Araria 4. Sanjay Kumar, son of Ramchandra Jha, village Jamuawan, P.S. Kursa Kanta, district Araria 5. Mina Devi @ Mina Kumari, daughter of Sri Krishna Nand Jha, village Itahi Jamir, P.S. Kursa Kanta district Araria 6. Sajna Kumari @ Kumari Sajna, wife of Sri Chandra Shekhar Jha, village Rahat Mina, P.S. Kursa Kanta district Araria 7. Sangita Kumari, daughter of Sri Ganesh Prasad, Village Parbatta, P.S. Kursa Kanta, district Araria 8. Amrita Kumari, daughter of Sri Jaiprakash Yadav 9. Rina Kumar, daughter of Sri Baleshwar Yadav 10. Umesh Kumar Yadav, sonof Sri Giranand Yadav, all three are residents of village Parbatta, P.s. Kursa Kanta district Araria 11. Om Shankar Rishideo, son of Sri Bisheshwar Rishideo, village Kauwa Chand, P.S. Kursa Kanta, district Araria 12. Rani Kumari, daughter of Sri Suresh Mahto, village Tarabari, P.S. Kursa Kanta, district Araria 13. Tilotama Kumari, daughter of Sri Kishunlal Biswas, village Mahesh Khunt, P.S. Kursa Kanta, district Araria 14. Rambha Kumari, daughter of Sri Kripanand Sada, village Doria, P.S. Kursa Kanta, district Araria 15. Chandan Kumar Jha, son of Sri Brahmanand Jha, village Rahat Mian, P.S. Kursa Kanta, district Araria 16. Rita Devi, daughter of Kripanand Mandal, village Parariya, P.S. Kursa Kanta, district Araria 17. Himanshu Sekhar, son of Sri Dhirendra Shahi, village Nandna, P.S. Minapur, district Muzaffarpur 18. Gopal Kumar Mandal, son of Sri Bindeshwari Mandal, village Kotakpur, P.S. Kursa Kanta, district Araria 2 19. Arvind Kumar Sardar, son of Sri Harilal Sardar, village Tira Khar, P.S. Kursa Kanta, Araria 20. Nutan Kumari, daughter of Sri Jai Krishna Rai, village Rahat Mina, P.S. Kursa Kanta, district Araria 21. Kewal Kumar Mandal, son of Sri Shyamlal Mandal, village Sanghia, P.S. Kursa Kanta, district Araria .. Petitioners Versus 1. The State of Bihar through the Secretary, Secondary Education, Government of Bihar, Patna 2. The Director, Secondary Education, Bihar, Patna 3. The District Magistrate, Araria 4. The Additional Collector, Araria 5. The Sub Divisional Officer, Araria, district Araria 6. The District Superintendent of Education, Araria 7. The Block Development Officer, Kursa Kanta block, Araria 8. The Block Education Extension Officer, Kursa Kanta, district Araria 9. The Secretary, Gram Panchayat Raj, Rahat Mina, P.S. Kursa Kanta, distriat Araria 10. The Mukhiya, Rahat Miha Gram Panchayat, P.S. Kursa Kanta, district Araria .. Respondents **** /3/ 19.01.2009 I.A. No. 125 of 2009, intervention application, is allowed. 2. Heard the counsel for the petitioner, the State as well as the intervener respondents. 3. This application has been filed by the petitioners challenging the order, dated 10.01.2008, passed by the Block Development Officer, Kursa Kanta, Araria, contained in 3 Memo No. 10, whereby petitioners’ appointment as Panchayat teachers in Gram Panchayat Raj Rahat Mina has been cancelled. The impugned order has been challenged by the petitioners on the ground that it has been passed in violation of Rule of natural justice. Petitioners, after being appointed, were sent for training. They completed their training and were functioning as teachers, a vested right accrued in their favour, as such, before issuing any order cancelling their appointment as Panchayat Teachers it was incumbent upon the respondents to give them an opportunity to explain the situation in which they were appointed as teachers. It has also been submitted by the petitioners’ counsel that in fact the impugned order has been passed under the compelling situation as some of the objectors were observing fast-unto-death. Earlier two enquiries were conducted, no wrong was detected. Under the compelling situation the impugned orders have been passed. 4. Counter affidavit filed on behalf of the respondent State and the intervention application, however, speak some other story. The story, which is disclosed in the counter affidavit and in the intervention application, is that the 4 appointments were made ignoring the qualification of candidates having higher marks. Candidates with higher marks were not selected. One of the member of the Selection Committee, Shri Yogendra Sharma, In-charge Headmaster, High School, Kursa Kanta, Araria, had complained regarding this large scale irregularities in the selection of panchayat teachers. An enquiry was initiated. The Mukhiya and panchayat sevaks were directed to produce all records, but, they abstained and did not appear before the Enquiry Committee. Finally disciplinary proceeding was initiated against panchayat sevak and he was asked to produce concerned records. Faced with this situation panchayat sevak filed a sanha mentioning that all records related to appointment of panchayat teachers have been lost. These facts indicate mass bungling and certainly I find some force in the submission made by respondents’ counsel that appointments were made committing illegality and irregularity, which is apparent. 5. However, in the similar matter in respect of teachers appointed in Jajir Prashar Panchayat considering the fact that opportunity was not provided to the petitioners, who 5 were appointed as teacher. The impugned order was quashed and the matter was remitted back to the District Magistrate, Araria, to consider the issue of illegality of the appointment of the petitioners giving an opportunity to them. The law, which was prevalent at that time has now been amended in August, 2008. Now, with respect to any objection, complaint regarding appointment of panchayat teachers a Tribunal has been constituted at district level. Accordingly the impugned order, contained in Annexure 1 to the writ application is quashed. The matter is remitted back to the Tribunal constituted under the amended Rules. The Tribunal will consider the legality of appointment of petitioners as panchayat teachers giving them an opportunity of hearing. The decision must be taken by the Tribubal within eight weeks from the date of production/communication of this order. 6. With these observations and directions, this application is disposed off. Cp:2/S.A. ( Mridula Mishra, J. )