IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No. 5983 of 2008 1. Kumar Vinay s/o Shri Krishna Mohan Yadav, village – Ramghat, P.S. – Narpatganj, District – Araria 2. Md. Manzrul Ishlam, S/o Abdus Sattar, village – Gokhalapur, P.s. – Narpatganj, District – Araria 3. Radha Kumari, D/o Bhupendra Yadav, village – Ghibaha, P.s. – Chhatapur, District – Supaul 4. Pramod Kumar Singh, S/o Shukhdeo Prasad Singh, village – Mridual, P.S. – Narpatganj, District – Araria 5. Harideo Ram, S/o Bangali Ram, village – Gokhalpur, P.S. – Narpatganj, District – Araria 6. Shabnam Arra, D/o Zahir Salim, Village – Belshandi, P.s. – Narpatganj, District – Araria 7. Mini Kumari, D/o Birendra Kumar Singh, Village – Achitnagar, P.S. – Narpatganj, District – Araria 8. Anzu Anmol, D/O, Lt. Kusheshwar Paswan, Village – Gokhalapur, P.S. – Narpatganj, District – Araria …………………….. Petitioners Versus 1. The State Of Bihar 2. The District Magistrate Araria 3. The District Superintendent Of Education Araria 4. The Block Development Officer Block- Narpatganj, Distt- Araria 5. The Block Education Extension Officer Narpatiganj, Distt- Araria 6. The Mukhia Gram Panchayat Raj Gokhalapur Block, Narpatganj Distt- Araria 7. The Panchayat Secretary , Gram Panchayat Raj Gokhalapur Block, Narpatganj, Distt- Araria ………………… Respondents ---------------------------------- With Civil Writ Jurisdiction Case No. 15737 of 2009 1. Punyanand Yadav S/O Late Sevilal Yadav R/O Vill.- Mirdaul, P.S.- Narpatganj, Distt.- Araria 2. Md. Moinuddin S/O Late Sk. Sadik R/O Vill.- Fatehpur, P.S. Narpatganj, Distt.- Araria 3. Ravindra Kumar Singh S/O Sri Sudhir Prasad Singh R/O Vill. Achitnagar, P.S. Narpatganj, Distt.- Araria 4. Bibi Akbari Khatoon W/O Md. Mahfooz R/O Vill.- Gokhlapur, P.S. Narpatganj, Distt. Araria 5. Pushpa Devi W/O Pramod Kumar Mahto R/O Vill.- Pithaura, P.S. Narpatganj, Distt.- Araria 6. Yasmin Sultana W/O Mozahid Alam R/O Vill.- Gokhlapur, P.S. Narpatganj, Distt.- Araria 7. Tohfa Tarranum W/O Akram Rahmani R/O Vill.- Gaira, P.S. And Distt.- Araria 8. Nutan Kumari W/O Ramanand Mahdal R/O Vill.- Dumaria, P.S. Narpatganj, Distt.- Araria 2 …………………. Petitioners Versus 1. The State Of Bihar 2. District Teachers Appointment Appellate Authority, Araria Through Its Member 3. Secretary, Deptt. Of Education, Govt. Of Bihar, Patna 4. Regional Deputy Director Of Education, Purnia 5. District Magistrate, Araria 6. District Superintendent Of Education, Araria 7. Block Development Officer, Narpatganj Block Distt.- Araria 8. Gokhlapur Gram Panchayat, Block Narpatganj, Distt. Araria, Through Its Secretary I.E. Panchayat Secretary, Gokhlapur Gram Panchayat 9. Panchayat Secretary Gokhlapur Gram Panchayat, Block Narpatganj, Distt. Araria 10. Mukhia, Gokhlapur Gram Panchayat, Block Narpatganj, Distt.- Araria 11. Member, Panchayat Samittee, Gokhlapur, Narpatganj, Distt.- Araria Namely Shail Kumari Devi 12. Dinesh Choudhary, The Then District Superintendent Of Education Araria At Present Posted As District Superintendent Of Education, Munger 13. Md. Kasasul C/O Block Development Officer Jokihat Anchal, P.S. Jokihat, Distt. Araria 14. Kumar Vinay S/O Sri Krishna Mohan Yadav R/O Vill. Ramghat Kokapur, P.S. Narpatganj, Distt.- Araria 15. Manjarul Islam S/O Abdul Sattar R/O Vill.- Gokhlapur, P.S. Narpatganj, Distt.- Araria 16. Radha Kumari D/O Bhupendra Yadav R/O Vill.- Not Known To The Petitioner, P.S. Narpatganj, Distt.- Araria 17. Pramod Kumar Singh S/O Sukhdeo Prasad Singh R/O Vill. Mirdaul, P.S. Narpatganj, Distt. Araria 18. Harideo Ram S/O Bangali Ram R/O Vill. Gokhlapur, P.S. Narpatganj, Distt. Araria 19. Sabnam Ara W/O Md. Mozahid R/O Vill. Belsandi, P.S. Narpatganj, Distt. Araria 20. Mini Kumari D/O Birendra Kumar Sah R/O Vill.- Achitnagar, P.S. Narpatganj, Distt. Araria 21. Anju Anmol W/O Anmol Paswan R/O Vill.- Gokhlapur, P.S. Narpatganj, Distt.- Araria 22. Rekha Kumari D/O Ramdeo Yadav R/O Vill. Not Known to The Petitioners …………………….. Respondents ---------------------------------- With Civil Writ Jurisdiction Case No. 13764 of 2009 1. Kumar Vinay S/O- Sri Krishna Mohan Yadav Vill- Ramghat , P.S- Narpatganj, Distt- Araria 3 2. Md. Manzrul Ishlam S/O- Abdus Sattar Vill- Gokhalapur, P.S- Narpatganj, Distt- Araria 3. Radha Kuamri D/O- Bhupendra Yadav Vill- Ghibaha P.S- Chhatapur, Distt- Supaul 4. Pramod Kumar Singh S/O- Sukhdeo Pd. Singh Vill- Mirdual P.S- Narpatganj, Distt- Araria 5. Harideo Ram S/O- Bangali Ram Vill- Gokhalapur, P.S- Narpatganj, Distt- Araria 6. Shabham Arra D/O- Zahir Salim Vill- Belshandi, P.S- Narpatganj, Distt- Araria 7. Mini Kuamri D/O- Birendra Kumar Singh Vill- Achithagar, P.S- Narpatganj, Distt- Araria 8. Anzu Ahmol D/O- Late Kusheshwar Paswan Vill- Gokhalapur, P.S- Narpatganj, Distt- Araria …………………… Petitioners Versus 1. The State Of Bihar 2. The District Magistrate Araria 3. The District Superintendent Of Education Araria 4. The Block Development Officer Block- Narpatganj, Distt- Araria 5. The Block Education Extension Officer Narpatiganj, Distt- Araria 6. The Mukhia Gram Panchayat Raj Gokhalapur Block, Narpatganj Distt- Araria 7. The Panchayat Secretary , Gram Panchayat Raj Gokhalapur Block, Narpatganj, Distt- Araria ……………………. Respondents -------------------------------- 04. 22.09.2011 C.W.J.C. No. 15737 of 2009 and C.W.J.C. No. 13764 of 2009 have been filed for quashing of Order, dated 08.10.2009, passed by the District Teachers Appointment Appellate Tribunal in Case No. 2 of 2008. By the impugned order, appointment of petitioners in both the Writ Applications have been cancelled and a direction has been issued to the District Superintendent of Education, Araria as well as the Block Development Officer, Narpatganj to constitute Five-Men Panchayat Selection Committee to consider the 4 applications received by the Panchayat Secretary as well as the Mukhiya of Gram Panchayat, Gokhalapur and to complete the selection process in accordance with law. This has also been directed that in case any of the person, who was earlier appointed is re- appointed, he should be given benefit of continuation in service. The facts of the case reveal that advertisement was published for filling vacancies against 16 posts of Panchayat Teachers in Gokhalapur Gram Panchayat. As per the rule, the applications submitted by the candidates, should have been received by the Panchayat Secretary and the selection process should have been completed by the Selection Committee, constituted as per the rule. A most illegal process was adopted by the then Panchayat Secretary and the Mukhiya as well as her husband. Applications were received separately at two places. One by the Panchayat Secretary, who had already been transferred and applications were also received by the husband of the Mukhiya in connivance with his followers. Two separate panels were prepared. Application forms were received beyond the period, provided for receiving the same. The transferred Panchayat Secretary in connivance 5 with the District Superintendent of Education prepared a selection panel. Appointment letters were issued and the candidates joined in their respective Primary Schools. On the other hand, the Mukhiya through her husband also prepared a selection panel. Signature of subsequently transferred Panchayat Secretary was forcibly taken on the selection list as well as in the Register, being maintained for acceptance of the applications. Complaints were made from both sides. The Mukhiya managed to get approval of the District Magistrate to the selection panel prepared at her instance. Appointment letters were issued and appointed candidates also joined at their respective place of posting. The District Magistrate under the influence of Mukhiya directed for cancelling appointment of candidates, who were appointed on the basis of the selection panel of Panchayat Secretary and the DSE. The terminated candidates made some complaints before the Commissioner. The Commissioner directed the RDDE for conducting an enquiry. The RDDE directed the BDO to conduct an enquiry. Receiving the report submitted by the Block Development Officer appointment of candidates, appointed by the 6 Mukhiya (petitioners in C.W.J.C. No. 15737 of 2009), were cancelled. Some of the terminated candidates filed an appeal in the Tribunal. The Appellate Tribunal cancelled appointment of candidates from both the panels and directed for initiating appointment process afresh on the basis of joint panel. I do not find any illegality in the impugned order as the appointment made by the Panchayat Secretary in connivance with the District Superintendent of Education and the Mukhiya with her husband were illegal. The Appellate Tribunal has rightly issued a direction for fresh selection in accordance with law. However, the direction regarding constitution of Five-Men Committee by the DSE and BDO is modified. The Selection Committee will be constituted as per the rule. The selection panel will be prepared on the basis of the applications received by the Mukhiya as well as Panchayat Secretary. Only such applications, which have been received well within time, which is 163+55, should be taken into consideration. Names of all the writ petitioners in both the Writ Applications should be impleaded in the panel. A joint panel of applications should be prepared. The empanelled 7 candidates will be given opportunity to participate in the counseling. No fresh applications beyond 163 + 55 will be entertained for such appointment. The appointment process must be completed within eight weeks from the date of initiation of such proceeding. Accordingly, both the Writ Applications are disposed of. C.W.J.C. No. 5983 of 2008 has been filed by the petitioners for a direction to make payment of their salary, arrears as well as current. Considering the fact that appointment itself was an illegal appointment, no direction can be issued for payment of salary to these writ petitioners. Accordingly, the Writ Application is dismissed. SKM (Mridula Mishra, J.)