IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11005 of 2008 Ram Lakhan Yadav, S/o Sri Nathuni Yadav, resident of Village Kharik, P.O. Rahua Sangram, P.S. Bheja (Madhepur) District Madhubani……………….Petitioner Versus 1. The State Of Bihar through its Chief Secretary, Old Secretariat, Bihar, Patna. 2. The District Magistrate, Madhubani, District Madhubani. 3. The Block Development Officer, Madhepur, District Madhubani. 4. The Panchayat Secretary, Pachahi Gram Panchayat, P.O. Pachahi, Block Madhepur, P.S. Madhepur, District Madhubani. 5. The Mukhiya, Gram Panchayat, Pachahi, P.O. Pachahi, P.S. + Block Madhepur, District Madhubani……………………………………………………………………Respondents --------------- 2 20.09.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. Petitioner participated in the selection process for appointment as Panchayat Teacher in 2006. He appeared in the counselling but he was not selected and appointed. He filed his complaint and also an application under the Right to Information Act seeking information as to why he has not been considered. In reply to his application, he was furnished with a copy of the proceeding of the Appointment Committee which shows that since recognition of the Teachers Training 2 College, from which he had obtained the degree of teacher training in the Session 1975-77, had been cancelled by the State Government by letter no. 1077 dated 30.09.1986, his candidature was not considered. Learned counsel for the petitioner submits that cancellation of recognition of an institution has necessarily to operate prospectively and no certificate granted to a student prior to cancellation can be held invalid on account of such order. He submits that petitioner, accordingly, had filed another complaint before the Block Development Officer, Madhepur. However, no orders have been passed by the B.D.O. on the same. After amendment in the Rules in 2008, Block Development Officer has no jurisdiction to entertain any complaint and pass any orders thereon in respect of appointment or otherwise of Panchayat Teachers and all pending matters in this regard have to be transmitted to newly created Appellate Authority. In the circumstances, the writ 3 application is disposed of with a direction to the Block Development Officer, Madhepur to transmit the complaint of petitioner as contained in Annexure-16 along with all connected records to the Appellate Authority within four weeks from the date of receipt of a copy of this order. On receipt of the said complaint, the Appellate Authority shall issue notice to the concerned parties giving them opportunity to be heard, shall call for the original records, if necessary, and shall pass final orders in the matter in accordance with law on merits positively within three months from receipt of the records from the office of the B.D.O. BT (J. N. Singh, J.)