1 IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11654 of 2007 Ansuman Gautam, Son of Sri Awadhesh Singh, Resident of Village Madhura Simanpur, Post Dighi Simanpur, P.S. Pirpainti, Dist. Bhagalpur. Versus 1.The State Of Bihar through the Secretary, Department of Human Resources Development, Bihar, Patna. 2.District Superintendent of Education, Banka. 3.Block Education Extension Officer, Rajoun, P.S. Rajoun, Dist. Banka. 4.Mukhiya cum Chairman, Panchayat Teacher Selection Committee Gram Panchayat Bhawanipur, Kathaun, P.S. Rajoun, Dist. Banka. 5.Panchayat Secretary, Grampanchayat Bhawanipur, Kathaun, P.S. Rajoun, Dist. Banka. 6.Headmaster, Primary School, Karsani, P.S. Rajoun, Dist. Banka. 7.Mamta Kumari, D/o Sri Narayan Pandit, Vill. Jagarnathpur, P.S. Rajaun, Dist. Banka. with CWJC No.11674 of 2007 Sharad Kumar, son of Ram Kripal Singh, resident of village and Post Bahilwara Govind, P.S. Saraiya, Dist. Muzaffarpur. Versus 1.The State Of Bihar. 2.The Commissioner, Tirhut Division, Muzaffarpur. 3.The District Magistrate, Muzaffarpur. 4.The District Superintendent of Education, Muzaffarpur. 5.The Block Development Officer, Saraiya, Dist. Muzaffarpur. 6.The Panchayat Secretary, Gram Panchayat Raj Bahilwara Roopnath South, Saraiya Block, Dist. Muzaffarpur. 7.The Mukhiya, Gram Panchayat Raj, Bahilwara Roopnath South Saraiya Block, Dist. Muzaffarpur. with CWJC No.11699 of 2007 Ashok Kumar Mandal, Son of Sri Subol Mandal, resident of village Hardeo Tola, Naurasia, P.O. Chowk Chauna, P.S. Amdabad, Dist. Katihar. Versus 1.The State Of Bihar. 2.The District Magistrate, Katihar. 3.The District Superintendent of Education, Katihar. 4.The Range Education Officer, Manihar, Katihar. 5.The Block Development Officer, Amdabad. 6.The Block Education Extension Officer, Amdabad. 7.The Secretary, Gram Panchayat Raj, Janglatal, Amdabad, Katihar. 8.Md. Rafikul Haque, son of Ainul Haque, resident of village Badhani, P.O. Mahadeopur, P.S. Pranpur, Dist. Katihar. with CWJC No.11716 of 2007 2 Sudha Suman Daughter of Garibchand Jaiswal, resident of village Chilmil, P.O. Barahat, P.S. Barahat, Dist. Banka. Versus 1.The State Of Bihar. 2.The Secretary cum Commissioner, Human Resources Development Department, Govt. of Bihar, Patna. 3.The Director, Primary Education, Govt. of Bihar, Patna. 4.The District Magistrate, Banka. 5.The District Superintendent of Education, Banka, Dist. Banka. 6.The Sub-Division Officer, Banka, Dist. Banka. 7.The Block Development Officer, Barahat, Dist. Banka. 8.The Block Education Extension Officer, Barahat, Dist. Banka. 9.The Mukhiya, Gram Panchayat Raj, Narayanpur, P.S. Barahat, Dist. Banka. 10.The Secretary, Gram Panchayat Raj, Narayanpur, P.S. Barahat, Dist. Banka. 11. Nitu Kumari Singh D/o Tribhuvan Pd. Singh, Vill. Kunauli, P.S. Barhat, Dist. Banka. with CWJC No.11729 of 2007 1.Raj Kumar Yadav son of Sri Nemdhari Yadav, resident of Village Piparahiya, P.S. magadh University, Dist. Gaya. 2.Rayazuddin Ahmad son of Moin Ansari, resident of Village Stara, P.S. Magadh University, Dist. Gaya. Versus 1.The State Of Bihar. 2.The Secretary, Primary and Adult Education, Govt. of Bihar, Patna. 3.The Collector, Gaya. 4.The Regional Deputy Director of Education, Magadh Division, Gaya. 5.The Block Development Officer, Gaya. 6.Surendra Yadav son of Suryadev yadav. 7.Ajay Kumar son of Sukhdev yadav. 8.Jay Kumar son of Badri Prasad yadav. 9.Vijay Mistri son of Nakashi Mistri. Respondent Nos. 6 to 9 are resident of village Itara, P.S. Magadh University, Dist. Gaya. 10.Mukhiya of Gram Panchayat Raj Stara, P.S. Magadh University, Dist. Gaya. with CWJC No.11845 of 2007 Vijay Kumar Singh, S/o Mahendra narayan Singh resident of Village Birgaon, P.O. Tarhi, Via Mahishi, P.S. Mahishi (O.P. Jalai), Dist. Saharsa. Versus 1.The State Of Bihar. 2.Commissioner cum Secretary, Primary, Secondary and Adult Education, Bihar, Patna. 3.Director, Primary Education, Bihar, Patna. 4.District Magistrate Saharsa, Dist. Saharsa. 3 5.District Superintendent of Education cum District Programme Convenor Saharsa, Dist. Saharsa. 6.Block Education Extension Officer, Mahishi, Dist. Saharsa. 7.Mukhia of Grampanchayat Birgaon P.S. Mahishi (O.P. Jalai), Dist. Saharsa. 8.Sri Ashok Kumar Singh son of Surendra Prasad Singh, (the then Incharge Headmaster of Middle School Tarhi) at present working as Assistant Teacher in Middle School Sonpura Anchal Bakhtiyarpur, Dist. Saharsa. 9.Secretary of Grampanchayat Birgaon P.S. Mahishi, Dist. Saharsa. with CWJC No.11853 of 2007 1.Poonam Kumari, Daughter of Shri Hari Kushto Sao, Resident of Village Teli Tola, Hisua, P.O. Hisua, Dist. Nawadah. 2.Sampoornanand, Son of Shri Munni Lal, Resident of Village Teli Tola, Hisua, P.O. Hisua, Dist. Nawadah. 3.Kundan Kumar Kashyap, Son of Shri Dinesh Singh, Resident of Village Jhikarua, P.O. Hisua, Dist. Nawadah. 4.Kumkum Kumari, Daughter of Shri Ravindra Prasad Singh, Resident of Village Udsa, P.O. Hisua, Dist. Nawadah. 5.Suhail Ahmad, Resident of Village + P.O. Sheikhpura, Dist. Nawadah. Versus 1.The State Of Bihar. 2.The District Magistrate, Nawadah. 3.The Commissioner & Secretary, Human Resources Development, Govt. of Bihar, Patna. 4.The District Superintendent of Education cum District Programme Coordinator, Sarva Shiksha Abhiyan, Nawadah. 5.The Block Development Officer, Narhat, Dist. Nawadah. 6.The Block Education Extension Officer, Narhat, Dist. Nawadah. 7.The Mukhiya, Gram Panchayat, Sheikhpura, Narhat Block, Nawadah. 8.The Panchayat Secretary, Gram Panchayat, Sheikhpura, Narhat Block, Nawadah. with CWJC No.11901 of 2007 Navin Kumar son of Sri Harsit Paswan, Resident of village Sahebpur Kamal, Police Station and P.O. Sahebpur Kamal, Dist. Begusarai. Versus 1.The State Of Bihar. 2.The Secretary, Primary and Adult Education, Bihar, Patna. 3.The Director, Primary Education, Human Resources Development, Department, Patna. 4.The District Magistrate, Begusarai. 5.The District Superintendent of Education, Begusarai. 6. The Block Education Officer, Sahebpur Kamal under Begusarai District. 7.The Headmaster, Railway Middle School Sahebpur Kamal, Dist. Begusarai. 4 8.The Mukhiya West Sahebpur Kamal Gram Panchayat Under Begusarai Dist. 9.Babloo Kumar son of Sri Ram Sumiran Das, Resident of village + P.O. and P.S. Sahebpur Kamal, Dist. Begusarai. with CWJC No.11917 of 2007 Smt.Anjani Kumari, Wife of Shree Ganesh Prasad, and Daughter of Sri Baidaya nath Purbey, resident of village + P.S. + P.S. Sursand (West), Dist. Sitamarhi. Versus 1.The State Of Bihar through the Secretary, Human Resources Development, Department, New Secretariat, Bihar, Patna. 2.The Director, Primary Education, Bihar, Patna. 3.The District Magistrate, Sitamarhi. 4.The District Superintendent of Education cum D.P.C. Special, Sitamarhi. 5.The Block Development Officer, Sursand, Sitamarhi. 6.The Block Education Extension Officer, Sursand, Sitamarhi. 7.The Panchayat Sachiv (Secretary), Gram Panchayat Raj, Shreekhandi, Bhittha, East Sursand, Sitamarhi. 8.The Mukhiya, Gram Panchayat Raj, Srikhandi Bhittha East Sursand, Sitamarhi. 9.The V.L.W. (Gram Panchayat Sewak), Srikhandi, Bhittha East, Sursand, Sitamarhi. 10.The Head Master, the Rajkiya Kanaya Madhaya Vidayalaya, Srikhandi Bhittha East under sursand Block, Dist. Sitamarhi. 11.Mrs. Ritu Kumari Daughter shree Gorakh Prasad, Panchayat Teacher, Rajkiya Prathmik Kanya Vidayalaya Srikhandi Bhittha East under surasand Block, Sitamarhi. with CWJC No.11922 of 2007 Pramila Kumari W/o Dayanand Rai resident of Village Dumari, P.S. Patory, Dist. Samastipur. Versus 1.The State Of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.District Magistrate, Samastipur. 3.District Superintendent of Education, Samastipur. 4.B.D.O. Mohanpur Block, Dist. Samastipur. 5.B.E.E. Mohanpur Block, Dist. Samastipur. 6.Ashok Kumar, the then Panchayat Secretary of Gram Panchayat Uttam Dumari, Mohanpur Block, Dist. Samastipur. 7.Rajesh Kumar, Ex-Mukhiya, Gram Panchayat Uttari Dumari, Mohanpur Block, Dist. Samastipur. 8.Gudar Paswan, the Present Mukhiya Gram Panchayat Uttari Dumari, Mohanpur Block, Dist. Samastipur. 9.Panchayat Secretary, Gram Panchayat Raj Uttari Dumari, Mohanpur Block, Dist. Samastipur. 10.Nilam Kumari W/o Raju Ranjan Kumar resident of village Bingama, P.S. Patory, Dist. Samastipur. 11.Mrignaini Sweta W/o Dhananjay Kumar resident of village Bingama, P.S. Patory, Dist. Samastipur. 5 12.Rudal Paswan Son of Ram Vilash Paswan, resident of village Bingama, P.S. Patory, Dist. Samastipur. 13.Mrinal Kumar Singh Son of Shyam Kishor resident of village Dumari, P.S. Patory, Dist. Samastipur. 14.Santosh Kumar Son of Dev Charan Sah resident of village Dumari, P.S. Patory, Dist. Samastipur. 15.Minakshi Kumari W/o Rajeev Kumar resident of village Dumari, P.S. Patory, Dist. Samastipur. with CWJC No.11936 of 2007 Ajay Kumar Singh son of Harendra Narain Singh of village Patandi, P.S. Nathnagar, Dist. Bhagalpur. Versus 1.The State Of Bihar. 2.The District Magistrate, Bhagalpur. 3.The District Superintendent of Education, Bhagalpur. 4.The Block Education Extension Officer, Nathnagar, Bhagalpur. 5.The Block Development Officer, Nathnagar, Bhagalpur. 6.Mukhiya, Belkharia panchayat, Prakhand Nathnagar, Bhagalpur. 7.Panchayat Sewak, Belkharia Panchayat, Prakhand Nathanagar, Bhagalpur. 8.Head Master, Madhay Vidyalay, Govindpur, Nathnagar, Bhagalpur. with CWJC No.11949 of 2007 Manoj Kumar Singh S/o Gajendra Prasad Singh resident of village + P.O. Govind Chak, P.S. Sonepur, Dist. Chapra at Saran. Versus 1.The State Of Bihar throuth the Commissioner cum Secretary, Human Resources, Department, Govt. of Bihar, New Secretariat, , Patna. 2.The District Magistrate cum Chairman, Bihar Education Project (District Primary Education-III/Sarva Shiksha Abhiyan) at Chapra, Dist. Saran. 3.The Sub-Division Officer cum District Program Coordinator, Sarva Shiksha Abhiyan at Sonepur, Saran. 4.The District Superintendent of Education at Chapra, Saran. 5.The Block Development Officer, Sonepur, Saran. 6.The Block Education Extension Officer, Sonepur, Saran. 7.Sri Munna Singh, S/o Late Jamuna Prasad Singh, the then Mukhia of Gram Panchayat Raj Govin Chak, Block Sonepur, Dist. Saran. 8.Panchayat Secretary, Gram Panchayat Raj Govind Chak, Block Sonepur, Dist. Saran. 9.The Headmaster, Primary School Govind Chak, Sonepur, Dist. Saran. 10.Srimati Sumitra Devi W/o Mangal Raj, Mukhia, Gram Panchayat, Govind Chak, Sonepur, Saran. with CWJC No.11951 of 2007 Arun Kumar son of Janki Mahto, resident of village Baghi P.S. Warsaliganj, Dist. Nawadah. 6 Versus 1.The State Of Bihar. 2.The District Educatiion Officer, Nawadah. 3.Rajendra Prasad son of unknown, resident of village Baghi Bardiha, P.S. Warsaliganj, Dist. Nawadah at present Mukhiya of Baghi Bardiha Panchayat under the Warsaliganj. Block, Dist. Nawadah. 4.Sri Bhagwan Choudhary son of Bhuneshwar Choudhary, resident of Yogna Warsaliganj P.S. Warsaliganj, Dist. Nawadah at present Head Master of Primary Vidyalaya Yogna Baghi Bardiha under Warsaliganj Block Dist. Nawadah. with CWJC No.11958 of 2007 1.Abhiram Sharma Son of Barant Singh, Resident of Village Siduari, P.S. Koach, Dist. Gaya. 2.Ajay Kumar Son of Late hari Chandhary, Resident of Village + P.S. Charki-Bazar, Dist. Gaya. 3.Devanand Kumar Son of Shiv Prasad yadav, Resident of Village Akoria, P.S. + Dist. Aurangabad. 4.Rinki Kumari, W/o Jitendra Kumar, R/o Village Trimurti Niwash, Near Gupta Roling meal, P.S. + Dist. Aurangabad. 5.Musharat Anjum D/o Shamin Kaishar, R/o Village Radia, P.S. + Dist. Aurangabad. 6.Pramila Kumari W/o Mithilesh Paswan, R/o Village Danibigh, P.S. + Dist. Aurangabad. 7.Md. Tabraj Son of Md. Salim, R/o Village Nawadi Road, P.S. + Dist. Aurangabad. 8.Md. Slim Son of Md. Guljar Ahmad, R/o Village Tekri More, Azad Nagar, P.S. + Dist. Aurangabad. 9.Abha Kumari W/o Manoj Kumar Singh, R/o Behind Sone Colony, P.S. + Dist. Aurangabad. 10.Yashmin Bano, D/o Md. Abdul Guffur, R/o Ansar bag Pathan Toli, P.S. + Dist. Aurangabad. 11.Rekha Kumari, W/o Dinesh Singh, R/o Telia Pokhar, P.S. + Dist. Aurangabad. 12.Musharat Anjum D/o Samim Kaishar, R/o Village + P.S. Anti, Dist. Gaya. 13.Ved Prakash Singh, Son of Ramesh Singh, R/o Village Navinaghar, P.S. + Dist. Aurangabad. Versus 1.The State Of Bihar. 2.The Commissioner cum Secretary, Human Resources, Development Department,Patna. 3.The District Magistrate, Aurangabad. 4.The District Superintendent of Education, Aurangabad. 5.The Block Development Officer, Aurangabad. 6.The Block Education Extension Officer, Aurangabad. 7.The Mukhiya, Gram Panchayat Nawagardh, Aurangabad. 8.The Secretary, Gram Panchayat Nawagardh, Aurangabad. 9.Surendra Choudhary S/o Sri Sitaram Choudhary R/o Mohallah Ramraj Nagar, Karma Road, Aurangabad. with 7 CWJC No.9436 of 2007 Surendra Kumar Choudhary Son of Sri Sita Ram Choudhary resident of Village Ram Raj nagar, Karma Road, P.S. and Dist. Aurangabad. Versus 1.The State Of Bihar. 2.The District Magistrate, Aurangabad. 3.The Block Development Officer, Aurangabad cum Public Information Officer, Aurangabad. 4.Panchayat Sewak Naugarh Gram Panchayt, Dist. Aurangabad. 5.Ajay Kumar Son of Harichoudhary resident of Chirki Bazar, Beladih P.S. Chorki Dist. Gaya. with CWJC No.11967 of 2007 Dayanand Dwivedi, Son of Krishnandan Dwivedi, resident of village Basantpatti, P.S. Purnahia, Dist. Sheohar. Versus 1.The State Of Bihar. 2.The Commissioner cum Secretary, Human Resources, Development Department, Bihar, Patna. 3.The District Magistrate, Sheohar. 4.The District Superintendent of Education, Sheohar, Dist. Sheohar. 5.The Block Development Officer, Purnahia, Dist. Sheohar. 6.The Block Education Extension Officer, Piprahi, Dist. Sheohar. 7.The Mukhiya Gram Panchayat Raj, Basantpatti, Dist. Sheohar. 8.The Secretary, Panchayat Sukh Suwidha Samiti, Panchayat Basantpatti, Dist. Sheohar. 9.Chandradeo Prasad, Son of Amiree Sah, resident of Village Basantpatti, P.S. Purnahia, Dist. Sheohar. with CWJC No.11991 of 2007 Mrs.Veena Kumari @ Veena Kumar, wife of Sri Raj Kumar Sah, resident of village + Post Office Nayaganj, P.S. Desri, Dist. Vaishali. Versus 1.The State Of Bihar through the Commissioner cum Secretary, Human Resources, Development Department, New Secretariat, Bailey Road, Bihar, Patna. 2.The District Magistrate, Vaishali, Hajipur. 3.The District Education Officer, Hajipur, Vaishali. 4.The District Superintendent of Education cum District Project Education Officer, Hajipur, Vaishali. 5.The Sub-Division Officer, Mahnar, Vaishali. 6.The Block Development Officer, Shahdei Buzurg, Vaishali. 7.The Regional Education Officer, Mahnar, Vaishali. 8.The Block Education Extension Officer, Shahdei Buzurg, Vaishali. 9.The Panchayat Sachiv cum V.L.W., Gram Panchayat Raj, Murauwatpur under the Block Development Officer, Shahdei Buzurg, Vaishali. 8 10.The Mukhiya, Gram Panchayat Raj Murauwatpur, Shahdei Buzurg, Vaishali. with CWJC No.12010 of 2007 Anita Kumari daughter of Nunu Lal yadav W/o Lal Bahadur Kumar, Resident of village Parharia, P.O. Garhaila, P.S. Madhepura, Dist. Madhepura. Versus 1.The State Of Bihar. 2.The District Magistrate, Madhepura. 3.The District Superintendent of Education, Madhepura. 4.The Block Education Officer, Murliganj, Madhepura. 5.The Block Development Officer, Murliganj, Madhepura. 6.The Mukhiya (Ashok Kumar son of Rameshwar yadav) P.S. Murliganj, Singheon Panchayat, Dist. Madhepura. 7.The Secretary (Panchayat Sewak) Deepak Narayan Yadav, Singheon Panchayat, P.S. Muliganj, Dist. Madhepura. 8.Kanchan Rani daughter of Surendra Yadav, Resident of village Singheon, Block Murliganj, P.S. and Dist. Supaul. with CWJC No.12067 of 2007 Vijay Kumar Son of Pabitra Prasad, resident of village Mogal Chak, Police Station Belchi, Dist. Patna. Versus 1.The State Of Bihar. 2.The District Magistrate, Patna. 3.The District Superintendent of Education, Patna. 4.The Area Education Officer, Barh, Patna. 5.The Block Education Extension Officer cum Block Resource Centre, Barh, Belchi, Patna. 6.Mukhiya Gram panchayat Ekdanga, Barh, Patna. 7.Incharge Headmaster, Primary School, Mogal Chak, Barh, Patna. with CWJC No.12131 of 2007 Santosh Kumar, son of Shri Kameshwar Yadav, Resident of Village Khapaiti, P.S. Madhepura, Dist. Madhepura. Versus 1.The State Of Bihar. 2.The District Magistrate/Collector, Madhepura. 3.The District Superintendent of Education, Madhepura. 4.The Block Education Extension Officer. 5.The Mukhiya, Panchayat Raj-Khapaiti (Tuniyahi), P.S. and Dist. Madhepura. 6.The Panchayat Sevak, Panchayat Raj Khapaiti Tuniyahi, P.S. & Dist. Madhepura. 7.Khagesh Kumar Son of Shri Bal Krishna Yadav, resident of Village Tunayahi, P.S. Madhepura, Dist. Madhepura. 8.Smt. Pushpalata Wife of Shri Ramesh Ranjan, Resident of Village Tuniyahi, P.S. & Dist. Madhepura. ----------- 2. 15.7.2011 All these cases relate to the 9 engagement of the petitioners as a Shiksha Mitra and/or appointment on the post of Panchayat Shikshak. It has been claimed by most of the petitioners that had they been engaged and continued in service as a Shiksha Mitra, they could have got the benefit of absorption on the post of Panchayat Shikshak in terms of Rule 20(iii) of 2006 Rules. In some of the cases the grievance relate directly to selection and appointment on the post of Panchayat Shikshak. The aforesaid 2006 Rule however itself provides a statutory alternative remedy in Rule-18 thereof, wherein, an independent body namely the District Teachers Appellate Authority has been constituted to look into any of the grievances relating to employment on the post of Panchayat Shikshak which in its wide sweep would also include the absorption of Shiksha Mitra on the post of Panchayat Shikshak. For some period of time there was some sort of confusion as with regard to jurisdiction for entertaining the dispute 10 relating to engagement/ continuation on the post of Shiksha Mitra, in view of the provisions made in Rule-18 regarding complaint in relation to employment and service condition of Panchayat teachers only but then the State Government has also clarified the same by its circular dated 14.05.2009 in terms of Rule 19 of 2006 Rules that even the dispute relating to the post of Shiksha Mitra could be adjudicated by the District Teachers Appellate Authority. The tribunal in form of the District Teachers Appellate Authority is therefore fully competent to entertain a complaint as with regard to selection and appointment on the post of Shikshamitra or Panchayat Shikshak and it has full powers to find out the facts and decide the issues in the light of the relevant Rules and/or Circular. Therefore, these writ applications are disposed of with a liberty to the petitioners of these cases to approach the concerned District Teachers Appellate Authority within a period of eight weeks from today and if such an application by way of complaint is filed individually by them 11 before the concerned Authority, it will proceed to examine the claim of the concerned petitioner on merit and would not non suit any one of them on the ground of limitation. It is however made clear, that in case, the petitioners would also assail the engagement/continuation of any other persons on the post of Shiksha Mitra who have been later on absorbed as Panchayat Shikshak, not only the Authority will have to issue notices to such persons but will have to also afford opportunity of hearing to them before passing the final order on such complaint/representation filed by the petitioners before the Authority. The Authority keeping in view that the dispute has lingered for a long time and that the Authority was constituted during the pendency of these writ applications filed in the year 2007 must ensure that a final decision in accordance with law is taken within a period of six months from the date of filing of the complaint/ representation of the concerned petitioners. With the aforementioned observations and direction, these applications are disposed of. (Mihir Kumar Jha,J.) Surendra/ 12