IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4339 of 2008 Ramdeo Kumar, Son of Sri Tapsi Yadav, Resident of Village Shiva Bigha, Gram Panchayat- Aman Kuan, Police Station Tekari Block, District Gaya. 2. Rakesh Kumar, Son of Sri Baliram Yadav, Resident of Village Shiva Bigha, Gram Panchayat- Amankuan, Police Station Tekari, Block-Tekari, District Gaya. 3. Rajesh Das, Son of Sri Prayag Das, Resident of Village Shiva Bigha, Gram Panchayat- Amankuan, Police Station Tekari, District Gaya. 4. Umashankar Prasad, son of Sri Ram Karan Yadav, Resident of Village Shiva Bigha, Gram Panchayat- Amankuan, Police Station Tekari, Block-Tekari, District Gaya………………Petitioners Versus 1. The State Of Bihar. 2. The Director, Primary Education, Human Resources Development Department, Government of Bihar, New Secretariat (Bihar Bhawan), Patna. 3. The District Superintendent of Education, Gaya. 4. The Block Development Officer, Tekari, Gaya. 5. The Block Education Extension Officer, Tekari (North), Gaya. 6. The Headmaster, Primary School Ismail, Amankuan, Police Station, Tekari, District Gaya. 7. The Headmaster, Middle School, Makhapa, Amankuan, Police Station, Tekari, District Gaya. 8. The Gram Panchayat Amankuan, Block Tekari, Police Station, Tekari, District Gaya through Panchayat Secretary. 9. The Mukhiya Gram Panchayat- Amankuan, Block-Tekari, Police Station, Tekari, District Gaya. 10. The Panchayat Secretary, Gram Panchayat- Amankuan, Block-Tekari, Police Station, Tekari, District Gaya……………………..……Respondents ----------- 3 08.07.2011 Heard learned counsel for the petitioners as well as learned counsel for 2 the State. Four petitioners have challenged an order of the Mukhiya dated 10.01.2008 as contained in Annexure-1. By this order, in the light of Memo No.16 of the Block Development Officer, Tekari dated 05.01.2008 directing for cancellation of appointment of Shiksha Mitra engaged after 01.07.2006, Mukhiya has passed the order cancelling petitioners’ engagement. Learned counsel for the petitioners submits that petitioners were applicants for appointment as Shiksha Mitras earlier before Bihar Panchayat Prarambhik Shikshak (Niyojan Avam Seva Sart) Niyamvali, 2006 (as amended by Amendment Act, 2008) came into force. They were wrongly denied engagement against which they have filed their complaints. Their complaints were considered and the Collector had already passed the order dated 07.06.2005 as contained in Annexure-4 allowing their complaints and directing for cancellation of engagements made illegally. Hence, he submits that in terms of the said order, right of petitioners had already accrued 3 for their appointment from the panel much prior to the Rules came into force. He submits that petitioners could not be considered for appointment and in the meanwhile Rules 2006 came into force with effect from 1.07.2006 by which post of Shiksha Mitra was converted into a regular post of Panchayat Teacher and a new mode of appointment was prescribed. He submits that since petitioners’ right had already accrued for their engagement from the panel, the same could not adversely be affected on account of operation of the new Rules. He submits that this issue has already been decided by a Bench of this Court, vide order dated 30.05.2007 passed in CWJC No.2932 of 2007. Learned counsel for the State submits that petitioners can place the matter before the statutory Appellate Authority constituted under the Rules which has been empowered to consider the complaints in respect of employment of Panchayat Teachers as well as Shiksha Mitras. He submits that the Appellate Authority can call for the original 4 records, examine the validity of claim of the petitioners and can pass appropriate orders in the light of law laid down by this Court. There may be some substance in the submission of the learned counsel for the petitioners. However, since the statutory Appellate Authority has been constituted under the Rules, this Court gives liberty to the petitioners to file their complaint/appeal before the concerned Appellate Authority within four weeks from today. If they do so, the Appellate Authority shall call for the original records, issue notice to the concerned parties, give them an opportunity to be heard in the matter and shall pass appropriate orders in accordance with law, without going into the question of limitation, preferably within a period of two months from the date of filing of complaint/appeal by the petitioners taking into account law laid down by this Court, as relied by learned counsel for the petitioners and any other judgments of this Court which may be brought to its 5 notice. The Authority shall also pass consequential orders, if required. The writ application is disposed of with the aforesaid observations and directions. BT (J. N. Singh, J.)