IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.301 of 2008 1. VIBHA KUMARI, D/o Babusaheb Ojha, Resident of village- Gujarbaliya, P.S. Majhoulia, Distt- West Champaran (Bettiah) 2. Asha Kumari, D/o Ramjee Prasad, Resident of village-Gujarbaliya, P.S. Majhaulia, Distt- West Champaran (Bettiah) 3. Reena Kumari, D/o Shambhu Prasdad, Resident of Village- Balirampur, P.S. Majhaulia, Distt- West Champaran, Bettiah 4. Punam Kumari, W/o Bijay Kumar Ram, Resident of Village- Barohia, P.S. Chanpatia, Distt- West Champaran (Bettiah) 5. Babli, D/o Pramod Kumar, Resident of village-Mahchhi, Bankatwa, P.S. Majhoulia, Distt- West Champaran (Bettiah) 6. Nasima Khatoon, W/o Amjad Ansari, Resident of Village-Kutia Indu, P.S. Majhoulia, Distt-West Champaran (Bettiah) 7. Dhrambir Ram, S/o Ram Naresh Ram, Resident of village- Balirampur, P.S. Majhoulia, Distt-West Champaran (Bettiah) 8. Nasullah Sai, S/o Izahar Sai, Resident of village-Bishamaberpur, P.S. Majhoulia, Distt- West Champaran (Bettiah) 9. Pradeep Kumar Gupta, S/o Shyambabu Prasad, Resident of Village- Piprahiya, P.S. Yogapatti, Distt-West Champaran (Bettiah) 10. Ajay Sah, S/o Dhrub Sah, Resiodent of Village-Dhabni, P.S. Lourya, Distt-West Champaran (Bettiah) …………………………Petitioners. Versus 1. THE STATE OF BIHAR 2. The Secretary, Human Resources Development Department, Bihar, Patna 3. The Director Primary Education, Govt of Bihar, Patna 4. The District Magistrate, West Champaran (Bettiah) 5. The Superintendent of Education ,West Champaran (Bettiah) 6. The Sub-divisional Education Officer, West Champaran (Bettiah) 7. The Block Development Officer , Block-Majhoulia, Distt-West Champaran (Bettiah) 8. The Mukhiya, Gram Panchayat Raj Chenainbandh, Block-Majhoulia, Distt-West Champaran (Bettiah) 9. The Principal Secretary , Gram Panchayat Raj Chenainbandh, Block-Majhoulia, Distt-West Champaran (Bettiah) ………………………….Respondents -With- CWJC No.1018 of 2008 PREM KUMAR SHRIVASTAVA, S/o Shri Chandeshwar Prasad resident of village- Sudama Nagar, Bathna, P.S. Bairiya, Distt-West Champaran (Bettiah) Versus 1. THE STATE OF BIHAR 2. The Commissioner-cum- Secretary, Human Resources Development Department, Bihar, Patna 3. The Director Primary Education, Govt of Bihar, Patna 4. The District Magistrate, West Champaran (Bettiah) - 2 - 5. The District Superintendent of Education ,West Champaran (Bettiah) 6. The Sub-divisional Education Officer, West Champaran (Bettiah) 7. The Block Development Officer , Bairiya, West Champaran (Bettiah) 8. The Block Education Extension Officer , Bairiya, West Champaran (Bettiah) 9. The Mukhiya, Gram Panchayat Bagahi Ratanpura, Bettiah 10. The Principal Secretary Gram Panchayat Bagahi Ratanpura, Distt-West Champaran (Bettiah) 11. The Headmaster , Principal School Brita Tola, Bagahi, Ratanpura Block Bairiya Distt-West Champaran (Bettiah) 12. Sanjeev Kumar Verma S/o Bipin Bihari Verma resident of village-Motihari Dih, P.O. Ojhwalia, P.S. Bairiya, Distt-West Champaran (Bettiah) ……………………….Respondents For the petitioners: (in C.W.J.C. No. 301/08)Mr. Rajendra Prasad Singh, Sr. Advocate Mr. Rajeeb Kumar Singh Mr. Mritunjay Kumar (in C.W.J.C. No.,1018/08) Mrs. Rajani Kumari Mr. Vijay Kumar For the State: Mr. J.C. to S.C.-1 ----------- 3. 06.03.2009 Heard the counsels for the petitioners and the counsel appearing for the state. In these two writ applications, prayer of the petitioners is for quashing the Letter No. 2957 dated 12.11.2007 and letter No. 302 dated 03.12.2007 issued by the District Magistrate, West Champaran whereby the appointment of the petitioners on the post of Panchayat Teachers in their respective Gram Panchayats, have been cancelled. Petitioner in C.W.J.C. No. 1018/08 was appointed as an orthopaedically handicapped having 41.1 per cent marks. An objection was filed by visual handicapped persons having 45.66 per cent marks stating that the post was reserved for visually handicapped persons. In C.W.J.C. No. 301/08, the District Magistrate, had given direction to the Block Development - 3 - Officer, Manjhaulia to cancel petitioners’ appointment as the entire selection process has been found illegal, the Block Development Officer, has however, been directed to re-start appointment process in his supervision. Without going into the merit of the cases, as to whether any illegality, irregularities were conducted in appointment of the petitioners. These two writ applications are being disposed of on a limited question of jurisdiction. All petitioners were appointed under Bihar Panchayat Primary Teachers (Appointment & Service conditions) Rules, 2006. Under rule 18 of 2006 rules, the Block Development Officer has been authorized to receive any complaints, objections regarding appointments made under the rule as well as any complaint regarding service conditions of the teachers’ panchayat under the rules or matters relating to transfer of such teachers. No other authority than the Block Development Officer, has been authorized under the rule to interfere into such complaint and pass necessary orders. In these two writ applications, the District Magistrate, or the S.D.O. have received complaints, conducted inquiry and finally decided to cancel the appointments. The Block Development Officer has simply been directed to issue cancellation letters and to re-start fresh selection process. Impugned orders, as such, are in violation of rule 18 of rule 2006 and completely without jurisdiction. Accordingly, the orders are quashed. Petitioners, if - 4 - removed, are directed to be reinstated. In case the competent authority desires to conduct an inquiry in this regard, they may proceed in accordance with law complying with the rule of Natural Justice. AKV/ (Mridula Mishra, J.)