IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18919 of 2010 1. Abbu Huzaifa S/O Md. Abu Saleh R/O Vill.- Salimpur Lanjo, P.S.- Pali, Distt.- Jehanabad Versus 1. The Secretary Cum Commissioner, Human Resources Development Depatment Govt. Of Bihar, Patna 2. The State Of Bihar 3. The District Magistrate Cum Chairman Sarva Siksha Abhiyan, Jehanabad 4. The District Superintendent Od Education Cum District Coordinator Of Prgramme Sarva Siksha Abhiyan, Jehanabad 5. The Block Development Officer, Kako Block, Jehanabad 6. The Block Development Extension Officer, Kako, Jehanabad 7. Sri Nagendra Prasad Yadav, Mukhiya Cum Chairman Gram Panchayat Barawan, Distt.- Jehanabad 8. The Panchayat Secretary, Gram Panchayat, Barawan, Distt.- Jehanabad ---------------------------------- 4 07.12.2011 The service conditions of the Panchayat Teachers including the procedure of their appointment and their termination is governed by the statutory Rules framed by the Government in terms of provisions of the Constitution. The Rules does not give any jurisdiction whatsoever to the District Magistrate to interfere with either process of appointment or service conditions of the Panchayat Teachers or in respect of any disciplinary action against them. However, the impugned order 2 (Annexure-7) has been passed by the District Magistrate, Jehanabad cancelling the appointment of the petitioner as Panchayat Teacher. By order dated 27.06.2011 noticing the provisions of the Rules, this Court had allowed time to the learned counsel for the respondents to meet the challenge to the order of the District Magistrate by the petitioner on the ground of want of jurisdiction. Today, learned counsel for the respondents appears and simply prays for further time to file counter affidavit without making a single submission with regard to powers of the District Magistrate under the Rules. In the circumstances, the impugned order of the District Magistrate, as contained in Annexure-7, is quashed on account of want of jurisdiction. The District Magistrate and other district authorities are directed to transmit all the records concerning the appointment of the petitioner and others in the Panchayat to the Appellate Authority within four weeks from today. On receipt of the 3 records, the Appellate Authority shall issue notice to the petitioner and others, if necessary, giving them opportunity to be heard and shall decide the matter on merits, positively within three months from the date of receipt of the records from the office of the District Magistrate/concerned authorities. The writ application is disposed of with the aforesaid observations and directions. Arvind/ ( J.N. Singh, J.)