IN THE HIGH COURT OF JUDICATURE AT PATNA C.W.J.C. No.8635 of 2009 1. Mukul Ranjan Deo, son of Sri Arun Kumar District Education Officer, resident of village Itahari, P.O. Fulli Dumar, P.S. Fulli Dumar, district Banka, presently working as Panchayat Shikchak in Nararijit Primary School, Salaiya Harizan Tola, Gram Panchayat Fulli Dumar, Block Fulli Dumar, district Banka 2. Kartik Mandal, son of Sri Kuldeep Mandal, resident of village Kumarpur, P.O. Kumarpur, P.S. Fulli Dumar, district Banka, presently working as Panchayat Shikshak in Navarijit Primary School Hathiya Pathar, Gram Panchayat Fulli Dumar Block Fulli Dumar, district Banka 3. Shanti Kumari, wife of Sri Awadhesh Prasad Padav, resident of village Kaitha, P.O. Belsira, P.S. Fulli Dumar, district Banka, presently working as Panchayat Shikshak in Navarijit Primary School Hathiya Pathar, Gram Panchayat Fulli Dumar Block Fulli Dumar, district Banka 4. Dimpal Kumari, wife of Sri Sanjay Kumar, resident of village Salaiya, P.O. Kojhi Gora, P.S. Fulli Dumar, district Banka presently working as Panchayat Shikshak in Navarijit Primary School Salaiya Tanti Tola, Gram Panchayat South Kojhi, Block Fulli Dumar, district Banka .. Petitioners Versus 1. The State of Bihar 2. The Principal Secretary, Human Resources Department, Primary and Adult Education Department, Government of Bihar, New Secretariat, Patna 3. The Director, Primary Education, Primary and Adult Education Department, Government of Bihar, New Secretariat, Patna 4. The District Magistrate, Banka, district Banka 5. The Director Accounts and Self Employment, Banka, district Banka 6. The District Superintendent of Education, Banka, district Banka 7. The Block Development Officer, Fulli Dumar, district Banka 8. The Block Education Extension Officer, Fulli Dumar, district Banka 9. The Mukhiya Gram Panchayat Raj Fulli Dumar/South Kojhi, Block Fulli Dumar, District Banka-cum-Chairman of the Panchayat Shikshak Selection Committee, Fulli Dumar/South Kojhi Gram Panchayat, district Banka 10. The Panchayat Secretary, Gram Panchayat Raj Fulli Dumar/South Kojhi Block Fulli Dumar, district Banka .. Respondents **** /2/ 25.07.2009 Heard the counsel for the petitioners and the State. 2 2. Counsel for the petitioners submits that by order, contained in Memo No. 1675, dated 20.11.2007, the District Magistrate, Banka, respondent no. 4, had directed the Block Development Officer, Fulli Dumar, district Banka, to cancel appointment of all Panchayat Teachers appointed in Fulli Dumar, and to hold fresh counseling for appointment within fifteen days. Thereafter, respondent no. 7 issued a general order for canceling appointment of all teachers is Fulli Dumar Panchayat vide order, dated 21.11.2007, contained in Memo No. 804. By the impugned order altogether seventeen teachers appointed in Panchayat Fulli Dumar were terminated from their service. Out of 17 terminated teachers, 13 teachers preferred C.W.J.C. No. 15547 of 2007, which was disposed off on 31.03.2009 holding that District Magistrate had no jurisdiction to pass any order relating to Panchayat Teachers. His direction was bad and order passed by the Block Development Officer cancelling appointment of all seventeen teachers in the light of the direction of the District Magistrate is also bad. A decision of the Supreme Court reported in 2004(2) S.C.C.,65 (Bahadursinh Lakhubhai Gobil Vrs. Jagdishbhal M. Kamalla & Ors.) has been referred which as follows : “It is also well settled that if any decision is taken by a statutory authority at the behest or on the suggestion of 3 a person who has no statutory role to play, the same would be ultra vires”. 3. Petitioners’ case is fully covered by this order. Thirteen persons, who had earlier approached this Court, have been reinstated. The petitioners have not been allowed similar relief for the reason that they did not move before this Court and challenged the order terminating their service. The respondent authorities should have taken into consideration of this fact that if the impugned order itself was found bad, illegal and without justification, in case of similarly situated persons then other persons whose cases are identical are entitled for similar relief. Respondents should not have forced and compelled the petitioners to bring similar order in their favour to get similar benefit. 4. Accordingly, the impugned orders are quashed. This application is allowed. The Block Education Extension Officer, Fulli Dumar, Banka, the Mukhiya, Gram Panchayat Raj, Fulli Dumar, Banak, and the Panchayat Secretary, Fulli Dumar, Banka, are directed to reinstate the petitioners on the post they were also working with all consequential benefits. Cp:2/S.A. (Mridula Mishra, J.)