IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6652 of 2007 Mamta Singh @ Mamta Kunwar W/o Late Mithlesh Singh, Resident of Village+P.O. – Bharhopur, P.S. Ekma, Distt. Chapra. -------- Petitioner Versus 1. The State Of Bihar. 2. The District Magistrate, Chapra. 3. The District Superintendent of Education, Chapra. 4. The Block Development Officer, Ekma, Chapra. 5. The Block Education Extention Officer, Ekma, Dist. Chapra. 6. Smt. Vidyavati Devi W/o Akhilesh Singh (the then Mukhiya of Gram Panchayat Raj Bhorhopur), R/o Village + P.O. – Bhorhopur, P.S. Ekma, Dist. Chapra. 7. Sundardeo Ram S/o Not known, (present Mukhiya of Gram Panchayat Raj, Bhorhopur) resident of Village Hekam, P.S. Ekma, Dist. Chapra. -------- Respondents With CWJC No.6665 of 2007 Kumari Pushpa, Wife of Bipin Kumar, resident of village and P.O. Kachhiana, P.S. Lakhisarai, District Lakhisarai. -------- Petitioner Versus 1. The State Of Bihar. 2. Secretary, Human Resources Department, Govt. of Bihar, Patna. 3. District Magistrate, Lakhisarai. 4. District Superintendent of Education, Lakhisarai. 5. The Block Education Extention Officer, Lakhisarai. 6. Headmaster, Middle School Kachhiana, P.S. Lakhisarai, Dist. Lakhisarai. 7. Mukhiya Gram Panchayat Kachhiayana, P.S. Lakhisarai, Dist. Lakhisarai. -------- Respondents With CWJC No.6683 of 2007 Md. Manirul Hassan, son of Md. Abdul Hassan, resident of village Balua, P.S. Amdabad, Dist. Katihar. -------- Petitioner Versus 1. The State Of Bihar through Secretary, Human Resources Development Department, Govt. of Bihar, Patna. 2. The District Magistrate, Katihar. 3. The District Superintendent of Education, Katihar. 4. The Block Development Officer, Katihar. 5. The Block Education Extension Officer, Katihar. 6. The Secretary, Gram Panchayat Raj, East Karimullahpur, Amdabad Block, P.S. Amdabad, Dist. Katihar. --------- Respondents With CWJC No.6699 of 2007 Birendra Kumar Mandal S/o Rash Bihari Mandal, resident of village Makdampur, P.S. Puraini. Dist. Madhepura. -------- Petitioner 2 Versus 1. The State Of Bihar through the District Magistrate, Madhepura. 2. The Panchayat Secretary-cum-Member Secretary, Shiksha Samiti, Gram Panchayat, Makdampur, Dist. Madhepura. 3. The Block Education Extention Officer, Puraini, Dist. Madhepura. 4. Pradeep Kumar Arya S/o Basudeo Prasad Das, resident of village and P.S. Udakisunganj. Dist. Madhepura. --------- Respondents With CWJC No.6732 of 2007 Kanhayalal Mandal S/o Late Biranchi Mandal, R/o Village Sukhsena Kailutola, P.O. Ladugarh, Panchayat Sukhsena, P.S. Barhara Kothi, Town & Dist. Purnia. -------- Petitioner Versus 1. The State Of Bihar through the Commissioner-cum-Secretary, Human Resources Development Department, Govt. of Bihar, Vikas Bhawan, New Secretariat, Patna. 2. The Secretary, Primary & Adult Education, Govt. of Bihar, Vikas Bhawan, New Secretariat, Patna. 3. Director, Primary Education, Govt. of Bihar Vikas Bhawan, New Secretariat, Patna. 4. District Superintendent of Education-cum-District Programme Coordinator, Purnia, Kali Bari Road, Bhatta Bazar, Purnia. 5. Range Education Officer, Banmankhi, Purnia. 6. Block Education Extension Officer, Barhara Kothi, Purnia. 7. Mukhia, Gram Panchayat Sukhsena, Purnia, Block Barhara Kothi, P.S. Barhara Kothi, Dist. Punnia. 8. Panchayat Secretary, Gram panchayat Sukhsena, Barhara Kothi, Purnia. 9. Principal, Primary School, Jhaungi Harijan, Gram Panchayat Sukhsena, Block Barhara Kothi, Dist. Purnia. -------- Respondents With CWJC No.6777 of 2007 Jay Kumar Sharma S/o Late Mahendra Sharma, R/o Village Sukhsena Kailutola, P.O. Ladugarh, Panchayat Sukhsena, P.S. Barhara Kothi, Town & Dist. Purnia. -------- Petitioner Versus 1. The State Of Bihar through the Commissioner-cum-Secretary, Human Resources Development Department, Govt. of Bihar, Vikas Bhawan, New Secretariat, Patna. 2. The Secretary, Primary & Adult Education, Govt. of Bihar, Vikas Bhawan, New Secretariat, Patna. 3. Director, Primary Education, Govt. of Bihar Vikas Bhawan, New Secretariat, Patna. 4. District Superintendent of Education-cum-District Programme Coordinator, Purnia, Kali Bari Road, Bhatta Bazar, Purnia. 5. Range Education Officer, Banmankhi, Purnia. 6. Block Education Extention Officer, Barhara Kothi, Purnia. 7. Mukhia, Gram Panchayat Sukhsena, Purnia, 8. Panchayat Secretary, Gram panchayat Sukhsena, Barhara Kothi, Purnia. 3 9. Principal, Primary School, Pararia, Gram Panchayat Sukhsena, Block Barhara Kothi, Dist. Purnia. ---------- Respondnets With CWJC No.6793 of 2007 Bandana Kumari D/o Shri Khirmohan Ram, W/o Shri Dayashankar Ram, resident of village Ganeshpur, P.S. Puraini, Dist. Madhepura. -------- Petitioner Versus 1. The State Of Bihar through the Secretary, Rural Development Department, Bihar, Patna. 2. The District Magistrate, Madhepura. 3. The Panchayat Secretary, Shiksha Samiti, Gram Panchayat, Ganeshpur, Dist. Madhepura. 4. The Block Education Extension Officer, Puraini, Dist. Madhepura. 5. Veena Kumari D/o Shri Suresh Ram, resident of Village Kolhaipatti, P.O. Raghunathpur, P.S. Murliganj, Dist. Madhepura. -------- Respondents With CWJC No.6810 of 2007 Jitendra Kumar Son of Ram Prasad Bhagat, of village and P.O. Kutubpur Saidpur, P.S. Bihpur, Dist. Vaishali. -------- Petitioner Versus 1. The State Of Bihar. 2. Commissioner-cum-Secretary, Human Resources Development Department, Govt. of Bihar, Patna. 3. Director Primary Education, Govt. of Bihar, Patna. 4. District Magistrate-cum-Collector, Vaishali. 5. District Superintendent of Education, Vaishali. 6. Block Extension Education Officer, Bidupur, Vaishali 7. Block Development Officer, Bidupur, Vaishali. 8. Surendra Bhagat, Mukhiya Gram Panchayat Raj Kutubpur, Village & P.O. Kutubpur, Saidpur, Distt. Vaishali. 9. Rajendra Sharma, Panchayat Secretary Gram Panchayat Raj Kutubpur, P.O. Kutubpur. 10. Bablu Kumar Son of Tripli Narayan Yadav, village Kutubpur, Post Kutubpur, P.S. Bidupur, Dist. Vaishali. 11. Shambhu Kumar Son of Maheshwar Singh, of village Kutubpur Khalsa, P.S. Bidupur, Dist. Vaishali. -------- Respondents With CWJC No.6835 of 2007 Ashwini Kumar .son of Shailendra Singh, Resident of Village hasanpur, Police Station Harnaut, Dist. Nalanda. -------- Petitioner Versus 1. The State Of Bihar through the Secretary, Primary and adult Education Department Govt. of Bihar, patna. 2. The District Magistrate-cum-Chairman, Sarva Siksha Abhiya, Dist. Nalanda. 3. The District Superintendent of Education-cum-District Programme Co-ordinator, Serva Siksha Abhiyan, Dist. Nalanda. 4 4. The Mukhia of Kolawan Panchayat, Police Station Harnsut, Dist. Nalanda. --------- Respondents With CWJC No.6852 of 2007 Ranjana Kumari, Wife of Sri Vinay Kumar Singh, Resident of Village Shadipur, Post Office Manpura, Police Station Bangra, Dist. Samastipur. -------- Petitioner Versus 1. The State Of Bihar through Commissioner-cum-Secretary, Primary Education, Govt. of Bihar, Secretariat, Baily Road, Patna. 2. The District Magistrate, Samastipur. 3. The District Superintendent of Education, Samastipur. 4. The Block Development Officer, Tajpur. 5. The Mukhia Gram Panchayat Raj, Manpura, Police Station Bangra, Dist. Samastipur. -------- Respondents With CWJC No.6880 of 2007 Dinesh Kumar Choudhary, son of Sri Parashnath Choudhary, Resident of Village Basudeo Dehri, P.O. Basudeo Dehri, P.S. Dinara, Dist. Rohtas (Bihar). -------- Petitioner Versus 1. The State Of Bihar. 2. The District Magistrate, District Rohtas (Sasaram). 3. The District Education Superintendent, , District Rohtas (Sasaram). 4. The Block Education Extension Officer, Block Dinara, P.O. + P.S. – Dinara, Dist. Rohtas. 5. The Block Development Officer, Block Dinara, P.O. Dinara, P.S. Dinara, Dist. Rohtas. 6. The Village Chief, Bhanrasara Panchayat, Villag & P.O. Ganj Bhanrasara, P.S. Dinara, Dist. Rohtas. 7. The Gram Sewak, Bhanrasara Panchayat. Villag & P.O. Ganj Bhanrasara, P.S. Dinara, Dist. Rohtas. --------- Respondents With CWJC No.6892 of 2007 Ashok Kumar Bhagat, son of Mahavir Bhagat, resident of village Gisara, Police Station Parsauni and district Sitamarhi. -------- Petitioner Versus 1. The State Of Bihar. 2. District Magistrate, Sitamarhi. 3. District Superintendent of Education, Sitamarhi. 4. Block Development Officer, Block Parsauni, Dist. Sitamarhi. 5. Regional Education Officer, Runi Saidpur, Dist. Sitamarhi. 6. Mukhiya, Gram Panchayat Gisara, P.S. Parsauni and Dist. Sitamarhi. ------- Respondents With CWJC No.6915 of 2007 5 Shrawan Kumar @ Sarvan Kumar son of Late Munnar Prasad, resident of village Bansgara Kamat, Post Office Jagaili, Police Station K. Nagar, Dist. Purnia. -------- Petitioner Versus 1. The State Of Bihar through the Secretary to the Govt., Human Resources Development Department, Govt. of Bihar, Patna. 2. The Director of Primary Education, Bihar, Patna. 3. The District Magistrate, Purnia. 4. The District Superintendent of Education, Purnia. 5. The Block Development Officer, Shrinagar, Purnia. 6. The Block Education Extension Officer, Shrinagar, Purnia. 7. The Mukhiya, Gram Panchayat Kokha (South), Purnia. ---------- Respondents With CWJC No.6939 of 2007 Roofe Faridy @ Rufi Faridi D/o Noor Faridy resident of Village Chakbahauddin, Panchayat Chakbahauddin, P.S. Dalsingsarai, Dist. Samastipur. -------- Petitioner Versus 1. The State Of Bihar. 2. The Secretary, Primary and Adult Education Department, Govt. of Bihar 3. The District Magistrate, Samastipur. 4. The Block Education Extension Officer, Dalsingsarai, Samastipur. 5. The Mukhiya, Gram Panchayat Raj Chakbahauddin, Block Dalsingsarai, Dist. Samastipur. 6. The Panchayat Sachiv, Gram Panchayat Raj Chakbahauddin, [Dalsingsarai], Samastipur. 7. The Head Master, Rajkiya Utkramit Urdu Middle School, Chakbahauddin, [Dalsingsarai] Samastipur. 8. Sheonath Chaudhary S/o Sri Panchu Chaudhary resident of village Chakbahauddin, Block Dalsingsarai, Dist. Samastipur. ----------- Respondents With CWJC No.6970 of 2007 Rubi Ranjan, wife of Sri Anil Kumar, resident of Village Mathura, P.S. Bidupur, Dist. Vaishali at present C/o Tapaleshwar Prasad Singh, resident of Village Chandpur Saidabad, P.S. Bidupur, Dist. Vaishali. -------- Petitioner Versus 1. The State Of Bihar. 2. The District Magistrate, Vaishali. 3. The Deputy Development Commissioner, Vaishali. 4. The District Superintendent of Education, Vaishali. 5. The Block Development Officer, Bidupur, Vaishali. 6. The Block Education Extension Officer, Bidupur, Vaishali. 7. The Panchayat Secretary, Gram Panchayat Raj, Mathura, Block Vidupur, P.S. Vidupur, Dist. Vaishali. 8. The Mukhiya, Gram Panchayat Raj, Mathura Block, P.S. Vidupur, Dist. Vaishali. 6 9. Bimal Kumari, Siksha Mitra, Middle School, Mathura Mathera Gram Panchayat, P.S. Bidupur, Dist. Vaishali. 10. Rina Kumari, Siksha Mitra, Primary School, Mathura (Sanskrit) Mathera Gram Panchayat, P.S. Bidupur, Dist. Vaishali. ---------- Respondents With CWJC No.6982 of 2007 Kumari Anjuwala Daughter of Rajendra Mahto resident of village Gorah, P.O. Baliamahra, P.S. Banka, Dist. Banka. -------- Petitioner Versus 1. The State Of Bihar. 2. Commissioner cum Secretary, Human Resources Development Department, Bihar, Patna. 3. District Superintendent of Education, Banka. 4. Block Education Extension Officer, Banka, Dist. Banka. 5. Panchayat Niyojan Samiti, Lodham Panchayat under Banka Block Dist. Banka. 6. Gram Siksha Niyojan Samiti, Lodham Panchayat under Banka Block Dist. Banka. ------- Respondents With CWJC No.6993 of 2007 Sandhya Kumari, W/o Sri Ramanand Singh, R/o Vill. Mankaura, P.S. Barh, Dist. Patna. -------- Petitioner Versus 1. The State Of Bihar through the Chief Secretary, 2. The Secretary, Human Resources Development Deptt., Bihar, Patna. 3. The Director, Primary Education, Bihar, Patna. 4. The District Superintendent Education, Patna. 5. The Block Development Officer, Belachhi, (Barh), Dist. Patna. 6. The Block Education Officer-1, Belachhi, (Barh), Dist. Patna. ------ Respondents With CWJC No.7004 of 2007 Rajendra Kumar Rai, son of Sri Mukteshwar Rai, resident of Village Badhki Akodhi (Chandravan Pati), P.O. Badhki Akodhi, P.S. Kargahar, Dist. Rohtas. -------- Petitioner Versus 1. The State Of Bihar through Secretary, Department of Education, Govt. of Bihar, Patna. 2. District Development Commissioner at and Dist. Rohtas. 3. D.S.E., (District Superintendent of Education), Rohtas, at and Dist. Rohtas. 4. Block Development Officer, Kargahar, Rohtas. 5. Block Education Officer, Kargahar, Rohtas. 6. Ashok Kumar Rai, son of Sitaram Rai, resident of Village Badhki Akodhi, P.O. Badhki Akodhi, P.S. kargahar, Dist. Rohtas. --------- Respondents With CWJC No.7048 of 2007 7 Sushma Kumari, wife of Shri Anil Kumar, resident of village Seema, P.S. Silao, Dist. Nalanda. -------- Petitioner Versus 1. The State Of Bihar. 2. The Secretary, Human Resources Development Deptt., Bihar, Patna. 3. The District Magistrate, Nalanda. 4. The District Superintendent of Education, Nalanda. 5. The Block Education Extension Officer, Nalanda. 6. 6.Mukhiya, Grampanchayat Raj, Nalanda. --------- Respondents With CWJC No.7060 of 2007 Dhananjay Kumar Tiwari, Son of Jagdish Tiwari, Resident of Village Mirjapur, P.S. Mali, Dist. Aurangabad. -------- Petitioner Versus 1. The State Of Bihar. 2. The District Magistrate, Aurangabad. 3. The District Superintendent of Education, Aurangabad. 4. The Block Education Extension Officer, Navinagar, Dist. Aurangabad. 5. The Mukhiya, Gram Panchayat Ankorha, Navi Nagar, Dist. Aurangabad. 6. Gautam Giri S/o Awadhesh Giri, Resident of Village Pipara Mirjapur, P.S. Mali, Dist. Aurangabad. -------- Respondents With CWJC No.7074 of 2007 Anju Kumari, D/o Ashok Kumar yadav, Resident of Village Litiyahee, P.S. Pipra, Dist. Supaul. -------- Petitioner Versus 1. The State Of Bihar through Chief Secretary, Old Secretariat, Patna. 2. Secretary cum Commissioner, Department of Human’s Resources, New Secretariat, Patna. 3. Director, Primary Education, Department of Human Resources, new Secretariat, Patna. 4. Commissioner cum Deputy Directors, Primary Education Department of Human Resources, Koshi Commissionery, Saharsa. 5. District Magistrate, Supaul. 6. District Superintendent of Education Supaul. 7. Block Development Officer, cum President Panchayat Teacher Selection Committee, Tribeniganj, Supaul. 8. Block Education Officer, Block Pipra, Dist. Supaul. 9. Pramukh cum Member, Panchayat Teacher Selection Committee Block Pipra, Supaul. 10. Mukhiya cum Adhyaksha, Panchayat Teacher Selection Committee Gram panchayat Amha, Block Pipra, Dist. Supaul. 11. Secretary cum Member, Panchayat Teacher Selection Committee Block Pipra, Dist. Supaul. 12. Panchayat Samittee Cum Member, Panchayat Teacher Selection Committee, Gram Panchayat Amha Block Pipra, Dist. Supaul. 8 13. Paryavekshak, Panchayat Teacher Selection Committee Gram panchayat Amha Block Pipra, Dist. Supaul. 14. Ward Sadshya cum Member, Panchayat Teacher Selection Committee, Block Pipra, Dist. Supaul. --------- Respondents With CWJC No.7089 of 2007 Manjita Kumari wife of Ravindra Kumar Singh, Resident of Village Karagahar, Police Station Karagahar, Dist. Rohtas at Sasaram. -------- Petitioner Versus 1. The State Of Bihar through the Secretary of Human Resources Department, Govt. of Bihar, New Secretariat, Patna. 2. District Magistrate, Rohtas at Sasaram. 3. The District Superintendent of Education, Rohtas at Sasaram. 4. The Block Development Officer, Karagahar Block Karagahar, Dist. Rohtas at Sasaram. 5. The Block Education Extension Officer, Karagahar, Block Karagahar, Dist. Rohtas at Sasaram. 6. The Mukhiya, Gram Panchayat Karagahar, Post and Block Karagahar, Dist. Rohtas at Sasaram. 7. The Panchayat Secretary of Gram Panchayat Karagahar, Block Karagahar, Post Karagahar, Dist. Rohtas at Sasaram. 8. Mira Kumari, Wife of Manoj Singh, Resident of Village Nimdihara, Police Station Karagahar, Block Karagahar, Dist. Rohtas (Sasaram). -------- Respondents With CWJC No.7096 of 2007 Ashutosh Bahadur Singh, son of Ram Surat Singh, resident of Village Basgitiya, P.O. and Panchayat Jamorhi, P.S. and Prakhand Bikramganj, Dist. Rohtas. -------- Petitioner Versus 1. The State Of Bihar. 2. Secretary cum Commissioner, Department of Human Development Resources, Bihar, Patna. 3. Collector, Rohtas at Sasaram. 4. District Superintendent of Education, Rohtas at Sasaram. 5. Sub-divisional Officer, Bikramganj, at Bikramganj, Dist. Rohtas. 6. Director, Rastriya Niyojan Karyakram, Rohtas at Sasaram. 7. Block Development Officer, Bikramganj Prakhand, Dist. Rohtas. 8. Block Education Extension Officer, Bikramganj Prakhand, Dist. Rohtas. 9. Gram Panchayat Raj, Jamorhi, Prakhand and P.S. Bikramganj, Dist. Rohtas through its Mukhiya. 10. Mukhiya, Gram panchayat Raj, Jamorhi Prakhand and P.S. Bikramganj, Dist. Rohtas. 11. Secretary cum Panchayat Sevak, Gram Panchayat Raj, Jamorhi, Prakhand and P.S. Bikramganj, Dist. Rohtas. 12. Pinku Kumar Singh, son of Akhileshwar Prasad Singh, Resident of Village Basgitiya, Panchayat P.O. Jamorhi, P.S. and Prakhand Bikramganj, Dist. Rohtas. 9 -------- Respondents With CWJC No.7101 of 2007 Manu Devi Wife of Rajendra Mahto resident of Village Gonda P.O. Baliamahrai, P.S. Banka District Banka. -------- Petitioner Versus 1. The State Of Bihar. 2. Commissioner cum Secretary, Human Resource Development Department, Bihar, Patna. 3. District Superintendent of Education, Banka. 4. Block Education Extension Officer, Banka, Dist. Banka. 5. Panchayat Niyojan Samiti, Panchayat Kakwara under P.S. Banka Block Dist. Banka. 6. Secretary, Gram panchayat kakwara under P.S. Banka Block Dist. Banka. ---------- Respondents With CWJC No.7102 of 2007 Kumari Guriya, wife of Ranjeet Thakur, resident of Village Belahi, Police Station Pandaul, Dist. Madhubani. -------- Petitioner Versus 1. The State Of Bihar. 2. The Secretary, Primary, Middle and Adult Education, Bihar, Patna. 3. The Collector, madhubani. 4. The Additional Collector, Madhubani. 5. The District Education Officer, Madhubani. 6. Block Education Extension Officer, Pandaul, Madhubani. 7. The Block Development Officer, Pandaul, Madhubani. 8. Chandramani Kumari wife of Lal Babu Pandey, resident of Village Kanuahi, P.S. Pandaul (West), Dist. Madhubani. --------- Respondents ----------- 2 12.7.2011 All these cases relate to the 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 10 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 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 11 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 six weeks from today and if such an application by way of complaint is filed individually by them 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 12 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. Rsh (Mihir Kumar Jha, J.)