IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7946 of 2009 MD.MINHAJUL HODA Md Minhajul Hoda S/o Md Sirajul Hoda resident of village + PO Katodha P.S. Sakatpur Dist.Darbhanga Petitioner Versus 1. THE STATE OF BIHAR 2. District Teachers Employment Appellate Authority, Kalptaru Bhawan, Darbhanga 3. The District Magistrate, Darbhanga 4. The Sub-Divisional Officer, Darbhanga 5. Block Development Officer. Taradih, Darbhanga 6. The Block Education Officer, Taradih, Manigachi 2, Dist. Darbhanga 7. Panchayat Secretary, Gram Panchyat Raj Kaithwar Block Taradih, Darbhanga 8. Mukhiya , Gram Panchayat Raj Kaithwar, Block Taradih, Dist. Darbhanga 9. Anjum Ara Khatoon W/o Md Mukhtar Ahmad Sidhique resident of village + PO Kakodha P.S.Saketpur Dist. Darbhanga Respondents ----------- For the petitioner: Mr B.N.P. Singh, Advocate For the State: Mr Santosh Kr. Singh SC 22 Mr Shailednra Kr. Singh AC to SC 22 ---------- 2/ 14-07-2009 Heard learned counsel for the petitioner and learned counsel appearing for the State. Petitioner is aggrieved by the order dated 25.5.2009 passed by the District Teachers Employment Appellate Tribunal, Darbhanga, refusing to entertain appeal case no. 216/09 filed by the petitioner on a non-est ground that the appellate authority is not vested with the jurisdiction to decide appeals preferred against the order passed by the appellate forum under Rule 18 of 2006 rule. Prayer of the petitioner is for quashing the order dated 25.5.2009 passed by the District Teachers Employment Appellate Tribunal, Darbhanga. Petitioner had earlier moved before this Court by filing CWJC no.14409/2007. His grievance was that despite his appointment on the post of Assistant teacher on account of having higher marks. - 2 - respondents are not accepting his joining and in his place another female candidate has been appointed on that post. The writ application was disposed of directing the petitioner to approach the appellate authority prescribed under Rule 18 of 2006, Rules vested with the power to examine the genuiness of appointment, transfer and other service conditions relating to teachers. Petitioner was given liberty to file representation before the Statutory Authority under Rule 18 and the Statutory Authority was directed to dispose of the same in accordance with law, after hearing all the concerned parties within a maximum period of three months from the date of receipt / production of a copy of this order. When the appeal preferred by the petitioner was still undecided rule 2006 was amended. Under amended rule 2008, appellate power under rule 18 was vested in the District Teachers Employment Appellate Authority, to be constituted by the State Government. Amended rule came into force on 25.8.2008 and the Block Development Officer, the appellate authority under 2006 rule, passed order in the pending appeal of the petitioner on 26.8.2008. Counsel appearing for the petitioner submits that the Block Development Officer has exceeded his jurisdiction by passing order in the pending appeal on 26.8.2008 as on the relevant date, B.D.O. ceased to have any jurisdiction under rule 18, as it vested in the District Teachers Employment Appellate Authority. The Block Development Officer by order dated 26.8.2008 has rejected the claim of the petitioner to be appointed on the post of Panchayat teacher. - 3 - Petitioner being aggrieved by this order approached the District Magistrate, Darbhanga by filing Miscellaneous Case no. 95/2008-09. The District Magistrate referred the matter to the appellate tribunal as under 2008 rules power to decide appeals relating to appointment, transfer and service condition of Panchayat teachers vested in. the District Teachers Employment Appellate Authority. The Appellate Authority by the impugned order dated 25.5.2009 has dismissed appeal case no. 216/09 as not maintainable. The appellate Authority’s finding is that any appeal preferred against the order passed by the appellate forum under 2006 rule, is not maintainable and can not be entertained by the District Teachers Employment Appellate Authority constituted under The Bihar Panchayat Primary Teachers (Appointment and Service Conditions )Rules, 2008. On perusal of different provisions of the Bihar Panchayat Primary Teachers (Appointment and Service Conditions )Rules, 2008, I find that the amended rule, 2008 came into force on 25.8.2008 with immediate effect. Rule 18 provides that the appellate power can be exercised only by the appellate tribunal constituted by the Government. Rule 18 of 2008 rules provides that all pending matter before the appellate forum under 2006 rules be transferred to the appellate tribunal constituted under rule 18 and no order can be passed by the previous appellate authority. I find that the decision taken by the appellate forum regarding maintainability of the appeal preferred by the petitioner is erroneous. The appellate forum refused to exercise power vested in it. Accordingly the order dated 25.5.2009 is quashed - 4 - and the matter is remanded to the District Teachers Employment Appellate Authority, Darbhanga for fresh consideration on merits and its disposal in accordance with law, preferably within two months from the date of passing of this order. shahid ( Mridula Mishra, J )