IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5130 of 2008 1. Rubi Kumari, D/o Ram Padarath Prasad, resident of Biskurwa, Muraura, P.S. Biharsharif, District Nalanda. 2. Dimpal Kumari, D/o Ram Padarath Prasad, resident of Sharamjivi Colony, P.S. Gandhi Maidan, District Patna. 3. Pinki Kumari, D/o Anil Kumar Gupta, resident of village + P.O. – Phuldih, P.S. Rupo, District Nawadah 4. Md. Abid Hussain, son of Md. Hafiz Mohivuddin, resident of village Tikodih, P.O. Madhurapur, P.S. Kauwalkol, District Nawadah………………………………………………….……..Petitioners Versus 1. The State Of Bihar. 2. The Principal Secretary, Department of Human Resources, Government of Bihar, Patna. 3. Project Director, Sarwa Shiksha Abhiyan, Government of Bihar, Patna. 4. The District Magistrate, Nawadah. 5. The Deputy Development Commissioner, Nawadah. 6. The District Superintendent of Education cum District Programme Coordinator, Sarwa Shiksha Abhiyan, Government of Bihar, Patna. 7. The Sub-Divisional Education Officer, Nawadah. 8. The Pramukh, Kauwakol Panchayat Samiti cum Chairman Prakhand Shikshak Selection Committee, Kauwakol, Nawadah. 9. The Block Education Extension Officer cum Secretary Prakhand Shikshak Selection Committee, Kauwakol, Nawadah. 10. The Block Development Officer, Kauwakol Nawadah cum Member Selection Committee, Kauwakol, Nawadah…………………………………….Respondents ----------- For Petitioners: M/s Ashutosh Ranjan Pandey & Ramanuj Tiwary, Advocates For the State: Mr. Tej Bahadur Singh, A.A.G.7 3 21.07.2011 Heard learned counsel for the petitioners as well as learned counsel for the State. Petitioners are aggrieved by the 2 order of the Deputy Development Commissioner, Nawadah dated 21.12.2007 by which finding mass bungling and illegality committed in appointment of Block Teachers in Kauwakol Block, their appointments were cancelled. Learned counsel for the petitioners submits and it is not denied that before the order was passed, no notice was issued to individual teachers and they were not given any opportunity to be heard individually. However, learned Additional Advocate General No.7 submits that in cases of mass bungling and illegality, it is not feasible and practical to give individual notice to each and every employee likely to suffer. This may be so but post decisional hearing by the same authority can be a way out in case there is violation of Principles of Natural Justice in taking a decision which may have been taken on account of large scale illegality committed in the matter. However, since under the Bihar Panchayat Prarambhik Shikshak (Niyojan Avam 3 Seva Sart) Niyamvali, 2006 (as amended by Amendment Act, 2008) a statutory Appellate Authority has been constituted to consider the matter with regard to employment of Panchayat Teachers which includes Block Teacher also, it would be appropriate for the petitioners to approach the concerned Appellate Authority against the said order of Deputy Development Commissioner. In the circumstances, this writ application is disposed of with liberty to the petitioners to approach the Appellate Authority within two weeks from today. If they do so, the Appellate Authority shall call for the original records, if necessary, in respect of each and every applicant, examine the same, issue notice to the concerned parties, give them an opportunity to be heard in the matter and shall decide the matter on merits. The decision must be taken by the Appellate Authority positively within 60 days from the date of filing of the representation / appeal by the petitioners. Till a final decision is not taken by the Appellate Authority, as directed 4 above, the interim order passed by this Court in this case on 12.04.2010 shall continue. However, in case any of the petitioners of this case does not file appeal / representation before the Appellate Authority within four weeks, the said interim order shall stand vacated. BT (J. N. Singh, J.)