IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11705 of 2009 1. UMESH KR.SAH, S/o Ganni Nath Sah, R/o village-Sandalpur, P.O.- Kalsa, P.S.-Bheldi, District-Saran. 2. Arti Kumari, D/o Umakant Singh, village+P.O.-Korayian, P.S.-Bheldi, District-Saran. 3. Oversear Pd. Ray, S/o Bhikhari Ray, At-Hakmal, P.O.-Tarwar, P.S.- Bheldi, District-Saran. 4. Simolee, D/o Ram Paras, At+P.O.-Koriyan, P.S.-Bheldi, District-Saran. 5. Sareeta Kumari, D/o Charama Singh, At-Gorakha South Tola, P.O.- Gorkha, P.S.-Garkha, District-Saran. 6. Israt Jahan, D/o Najim Khan, At-Paiga Mitrasen, P.O.-Paiga, P.S.-Bheldi, District-Saran. 7. Jitendra Rai, Son of Mir Prasad Ray, At-Gopalpur, P.O.+ P.S.-Bheldi, District-Saran. 8. Shailendra Kumar, S/o Bharat Prasad, At-Shikarpur, P.O.-Tarwar, P.S.- Bheldi, District-Saran. 9. Shakuntala Kumari, Chabila Singh, At-Ganeshpatti, P.O.-sobhepur, P.S.- Bheldi, Saran. 10. Kumari Sandheya, S/o Shri Bhagawan Tiwary, At-Ganeshpatti, P.O.- Sobhepur, P.S.-Bheldi, District-Saran. 11. Rekha Kumari, D/o Mahabal Das, At+ P.O.-Koriya, P.S.-Bheldi, District- Saran. 12. Kavita kumari, D/o Chandra Prakash Singh, Village-Molanapur, P.O.- Sobhepur, P.S.-Bheldi, District-Saran. 13. Binod Kr. Prasad, S/o Sudarshan Prasad, Village-Baburbani, P.O.- Sonepur, P.S.-Sonepur, District-Saran. 14. Kumari Kiran, D/o Bijali Singh, Village-Basautta, P.O.-Sobhepur, P.S.- Bheldi, District-Saran. 15. Anjeev Ahamad Ansari, S/o Md. Yaseen Ansari, Village-Aoodha, P.O.- Bhuwalpur, P.S.-Garakha, District-Saran. 16. Radha Ravi Kumari, D/o Bishwanath Singh, Village-Sandalpur, P.O.- Kotsa, P.S.-Bheldi, District-Saran. 17. Brajesh Kumar, S/o Ram Senghasan Ray, village-Takeya, P.O.-Paiga, P.S.-Bheldi, District-Saran. ……….Petitioners. Versus 1. THE STATE OF BIHAR. 2. The Principal Secretary, Human Resources Development Department, Government of Bihar, Patna. 3. The District Magistrate, Saran at Chapra. 4. The District Superintendent of Education Saran at Chapra. 5. The Block Development Officer, Amnaur, District-Saran at Chapra. 6. The Block Education Officer, Amnaur, District-Saran at Chapra. 7. The Block Education Extension Officer, Amnaur, District-Saran at Chapra. ----------- 2/ 07.11.2009 Heard counsel for the petitioners and the State. Petitioners were appointed on the post of Panchayat - 2 - Teachers by the Appointment Committee constituted under Bihar Panchayat Teachers (Appointment and Service Conditions) rules 2006. The details of petitioners’ appointments have been given in para 13 to 21 of the writ application. Petitioners joined their respective schools and started getting their salary, which was paid to them up to the June, 2009. It seems that one Manish Kumar whose name was not given in the selection panel, filed a complaint petition against the petitioners’ appointments before the Block Development Officer, Amnaur in the district of Saran at Chapra. As per the rule such objections filed beyond the period of limitation for filing objection under 2006 rules should not have been entertained. However, it was entertained and inquiry was conducted and vide order contained in Letter No. 254 dated 25.6.2008 the complaint petition was rejected. Same Manish Kumar again filed his objection before the B.D.O in the year 2009 and again by order dated 17.02.2009 it was rejected. The complainant again filed his objection before the District Magistrate, Chapra making same allegations which were already considered by the Block Development Officer. The District Magistrate without even thinking that he is not a competent authority to look into such matter under Bihar Panchayat Primary Teachers (Appointment and Service Conditions) Rules 2006, reopened the matter and directed the D.S.E., who is also not competent to enter into the arena of inquiry, to conduct enquiry. The D.S.E. without even issuing notices to the petitioners and other - 3 - persons, who were already appointed, conducted an ex-parte enquiry and passed order. He completed his inquiry within one day and submitted its’ report before the District Magistrate. On the same day, the D.S.E. submitted his inquiry report recommending cancellation of entire appointment by letter No. 780 dated 17.07.2009. The District Magistrate, Saran at Chapra on the next date i.e. on 18.07.2009 cancelled entire appointment of Panchayat Teachers. Counsel for the petitioners has challenged both the impugned orders dated 17.07.2008 and 18.07.2009 on the ground that the orders are completely illegal, arbitrary without jurisdiction as well as passed in violation of rule of natural justice. It is known to all that that Panchayat Teachers appointment in the first phase was made under 2006 rules, which provided jurisdiction to Block Development Officer under Rule 18 to look into the complaints relating to appointment of Panchayat Teachers. The D.S.E or the District Magistrate have not been vested with any power, either to inquire or cancel any appointment. Subsequently, 2006 rules were amended vide rule 2008 whereby the jurisdiction vested in the B.D.O. under rule 18 has been vested in the Tribunal i.e. District Teachers Employment Appellate Tribunal, constituted at each district level. In case any objection or complain had been filed that should not have been entertained by the District Magistrate. He should have referred it to the competent authority but that was not done. The most relevant fact in this case is that a person who was not even included in the selection list subsequently raised an objection - 4 - after two years of the appointment and without considering the question of limitation it was entertained. The limitation has been provided under the rules so that the selection made should reach to finality and should not be re-opened as and when one finds it convenient. The orders impugned passed by the D.S.E. Saran at Chapra as well as the District Magistrate, Saran at Chapra, are bad on both the counts i.e. on the point of limitation as well as on the point of jurisdiction, accordingly, the order is quashed. Petitioners’ should be re-instated at their respective place of postings. This application is allowed. Sanjeet/ (Mridula Mishra, J.)