IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14976 of 2008 1. Mahendra Singh Son of Late Badri Singh, resident of village Bajitpur, P.S. Ghoshi, District Jehanabad. 2. Ashok Kumar son of Sri Ram Ratan Singh, resident of village Maya Bigha, P.S. Ghoshi, District Jehanabad…………………………………………….Petitioners Versus 1. The State Of Bihar. 2. District Magistrate, Jehanabad. 3. District Superintendent of Education – cum - District Programme Co-ordinator, Surba Shiksha Abhiyan, Jehanabad. 4. Block Education Extension Officer, Jehanabad Block, Jehanabad. 5. Mukhiya, Kurre Panchayat, Jehanabad. 6. Secretary, Kurre Panchayat, Jehanabad. 7. Principal Rajkiya Primary School, Barki Baghanpura, P.O. Lakhawar, District Jehanabad. 8. Principal, Primary School Daidih, P.O. Kurre, District Jehanabad……………………………..……….Respondents ------- 2 16.11.2011 Heard learned counsel for the petitioners as well as learned counsel for the State. In this writ application petitioners have challenge the order of the District Magistrate, Jehanabad dated 17.01.2008 as contained in Annexure-1. Learned counsel for the petitioners submits that after 2006 Rules came into force, District Magistrate has no jurisdiction to interfere or pass any order in respect of appointment and/or service conditions of Panchayat Teachers. 2 Though a counter affidavit has been filed in this case, there is nothing in the counter affidavit to show that the District Magistrate had been conferred power under the Rules to entertain any complaint in respect of appointment or service conditions of Panchayat Teachers. In the circumstances, the impugned order as contained in Annexure-6 is held to be without jurisdiction and the same is quashed. The District Magistrate, Jehanabad is directed to transmit all the records concerning appointment or service conditions of the petitioners to the statutory Appellate Authority constituted under the Rules in terms of 2008 Amendment within four weeks from the date of receipt/production of a copy of this order. On receipt of the records from the office of the District Magistrate, Jehanabad, the Appellate Authority shall issue notice to concerned parties giving them opportunity to be heard, besides Panchayat authorities, shall call for the original records, if necessary, and shall pass an appropriate order in accordance 3 with law on merits preferably within the time frame fixed under the Rules for disposal of the said representation. This writ application is disposed of with the aforesaid observations and directions. BT (J. N. Singh, J.)