IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.4706 OF 2007 1.RANJIT KUMAR S/O LATE BESUDEV MANDAL, R/O VILLAGE PIRGAURA, P.O. BILAURI, PANCHAYAT DAMODERPUR, P.S. + DIST. LAKHISARAI. 2.RITA KUMARI D/O SRI BRIJ NANDAN SINGH, R/O VILLAGE KAYANAND NAGAR, WARD NO. 4, LAKHISARAI, DIST. LAKHISARAI. 3.PINKU KUMARI, D/O SRI KRISHNA KUMAR, R/O VILLAGE WESTERN KERYA NAND NAGAR CHITRANJAN ROAD, PURANI BAZAR, DIST. LAKHISARAI. 4.MAHENDRA KUMAR, S/O SRI BHIRANCHI YADAV, R/O VILLAGE PRIMARY SCHOOL TETARYA, PANCHAYAT, DAMODERPUR, P.S. + DIST. LAKHISARAI. 5.KRISHNA MOHAN KUMAR, S/O SRI SAHDEO MAHTO, R/O VILLAGE CHAMGHARA, P.O. AURAY, P.S. RAMGARH CHOWK, DIST. LAKHISARAI. 6.JYOTI KUMARI, D/O SRI SADANAND KUMAR, R/O VILLAGE BIHJRAWARA, P.O. MAHISONA, P.S. RAMGARH CHOUCK, DIST. LAKHISARAI. 7.SARITA KUMARI, D/O SRI RAJENDRA PRASAD R/O VILLAGE NAYA BAZAR, P.S. + DIST. LAKHISARAI. 8.KUSUM KUMARI, D/O SRI RAM BRIKSHA SAO, R/O VILLAGE LAKHISARAI, P.S. + DIST. LAKHISARAI. 9.SUNIL KUMAR SON OF SRI RAM SWAROOP RAM R/O VILLAGE JHOLAWANA, P.O. MAHISONA, P.S. RAMGARH CHOWK, LAKHISARAI. 10.RAVINDRA KUMR @ RAVINDRA KEWAT, S/O SRI BASUDEV KEWAT, R/O VILLAGE PATHALA, P.O. + P.S. + DIST. LAKHISARAI. 11.ANITA KUMARI, D/O SRI RAGHU NANDAN MODI R/O VILLAGE SHIOPURI MOHALLA, B- BLOCK NAYA BAZAR, P.S. + DIST. LAKHISARAI. 12.RAM SAROVER PASWAN S/O SRI YAGESHWAR PASWAN, R/O VILLAGE PATHALA, P.O. + P.S. + DIST. LAKHISARAI. VERSUS 1.THE STATE OF BIHAR. 2.THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA. 3.THE DIRECTOR, PRIMARY EDUCATION BIHAR, PATNA. 4.THE DISTRICT MAGISTRATE, LAKHISARAI. 2 5.THE DISTRICT DEVELOPMENT COMMISSIONER, LAKHISARAI. 6.THE DISTRICT SUPERINTENDENT OF EDUCATION, LAKHISARAI. 7.THE SUB DIVISIONAL OFFICER, LAKHISARAI. 8.THE BLOCK DEVELOPMENT OFFICER, LAKHISARAI. 9.THE MUKHIYA CUM CHAIRMAN, PANCHAYAT TEACHER SELECTION COMMITTEE, GRAM PANCHAYAT RAJ, DAMODARPUR, LAKHISARAI. 10.THE PANCHAYAT TEACHER SELECTION COMMITTEE, THROUGH ITS SECRETARY GRAM PANCHAYAT RAJ, DAMODARPUR, LAKHISARAI. 11.BINOD KUMAR, S/O DAUARIKA PD. YADAV, R/O VILLAGE ITAHARI, POST BICHHWE, P.S CHANAN(MANANPUR), DISTRICT LAKHISARAI. 12.NARENDRA KUMAR, S/O SHREE SHAYAM SUNDER RAM, R/O MAHISONA, P.S LAKHISARAI, DISTRICT LAKHISARAI. 13.HARE RAM PD., S/O SHREE MUSHAHRU RAM , R/O LAKHO CHAK, PS. CHANAN, DISTRICT LAKHISARAI. 14.RUPESH KUMAR, S/O SHREE GARIB DAS, R/O VILLAGE MAHISONA, P.S LAKHISARAI, DISTRICT LAKHISARAI. 15.PANKAJ KUMAR, S/O KAPILDEO YADAV, R/O VILLAGE CHOTHA, P.S LAKHISARAI, DISTRICT LAKHISARAI. 16.MAMTA KUMARI, D/O MAHENDRA PRASAD SINGH, W/O PAWAN KUMAR SINGH, R/O JAI NAGAR LAL PAHARI, P.S LAKHISARAI, DISTRICT LAKHISARAI. 17.BIBHA KUMARI, D/O LATE RAMDEO SINGH, W/O SANJAN SHARMA, R/O KUTAUF, PS.BARBIGHA, DISTRICT SHEIKHPURA. 18.ARCHANA SINHA, D/O ABDHESH KUMAR SINGH, W/O SANJAY KUMAR SINGH, R/O JHINAURA, PS.LAKHISARAI, DISTRICT LAKHISARAI. 19.RITESH KUMAR RANJAN, S/O SHASHI PD.YADAV, R/O PACHANA, P.S. LAKHISARAI, DISTRICT LAKHISARAI. 20.PRIYANKA SUMAN, D/O SRI ANANDI PD. YADAV, R/O JAI NAGAR, KABAIYA, P.S. DISTRICT LAKHISARAI. 21.KUNDAN KUMAR, S/ RAMANAND YADAV, R/O GODIH, PS. CHANAN DISTRICT LAKHISARAI. ………………………RESPONDENTS. ----------- 04/ 18.08.2011 Having heard Mr. Rajendra Prasad 3 Singh, learned senior counsel for the petitioner and learned counsel for the State, this Court would find that the competing claim of the petitioners vis-à- vis respondent nos. 12 to 21 on the post of Panchayat Shikshak can be more effectively gone into by the District Teachers Appellate Authority, inasmuch as, after cancellation of the appointment of the petitioners by the then prescribed Authority, the Block Development Officer, the resultant vacancies have been filled up by way of engagement of private respondent nos. 11 to 19 as also petitioner nos. 3 and 6. This Court would accordingly give liberty to the petitioners to assail the order of their termination as also the consequential appointment of persons made in their place including the private respondent nos. 11 to 21. On filing of such complaints by the petitioners the District Teachers Appellate Authority, will examine all aspects relating to selection of the petitioners on the post of Panchayat Shikshak in Gram 4 Panchayat Raj, Damodarpur, Lakhisarai and it will also look into all the relevant documents either with regard to the appointment of the petitioners or their termination as also the appointment of the private respondents and having completed this exercise it would decide as to who amongst the petitioners vis a vis private respondent nos. 11 to 21 were eligible to be appointed in their respective category including on the post of physically disabled person. It will be also open for the Authority to go into the question as to whether the private respondents having higher marks were deliberately absent at the time of counseling which had led to appointment of the petitioners seeking comparatively lesser marks. The Authority in taking its such final decision shall also not be guided by any earlier order passed by any Authority and must record its own findings only on the basis of the materials on record. This Court hopes and believes that the Authority shall pass its final order within a period of six months from the date of 5 receipt/production of a copy of this order and only after extending opportunity of hearing to all the persons concerned. In order to expedite the matter, this Court would give liberty to the petitioners to appear before the authority with their complaints within a period of one month from today and the period of six months shall start from the date of appearance of the petitioners with the complaint petition. With the aforementioned observation and liberty, this application is disposed of. (Mihir Kumar Jha, J.) Ranjan