IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13827 of 2009 1. BINOD KUMAR, S/O SIKANDAR MANDAL, R/O VILLAGE+P.O.+P.S.-JANKI NAGAR, BLOCK- BANMAKHI, DISTRICT-PURNEA. 2. NUJHAT KHATOON, D/O MD.MANZAR ALAM, R/O VILLAGE+P.O.-YADUAPATTI, P.S.+BLOCK- KUMARKHAND, DISTRICT-MADHEPURA. 3. NEELAM KUMARI, D/O KAPILDEO YADAV, R/O VILLAGE-MAHARAJGANJ, P.S.-JANKINAGAR, DISTRICT-PURNEA. 4. MILAN DEVI, W/O NEERAJ THAKUR, R/O VILLAGE+P.O.-CHAKMAKA, P.S.-JANKINAGAR, DISTRICT-PURNEA. 5. PRATIMA KUMARI, D/O SHATRUGHAN PRASAD SHAH, R/O VILLAGE-SARVODAYNAGAR, P.S.- KAZANCHIHAT, DISTRICT-PURNEA. 6. SANJAY KUMAR, S/O SRI GOPAL SHAH, R/O VILLAGE-MAHARAJGANJ, P.S.-JANKINAGAR, DISTRICT-PURNEA. 7. AMRUN NISHA, D/O MOHAMMED YAKUB, R/O VILLAGE-MAHESHWA, P.S.-TRIVENIGANJ, DISTRICT- PURNEA. 8. MD.JULFIKAR ALI, S/O MD.ATAUR REHMAN, R/O VILLAGE-HASANPUR, P.S.-JANKINAGAR, DISTRICT- PURNEA. 9. GUDDI KUMARI, D/O MAHANAND SHAH, R/O VILLAGE-MAHARAJGANJ, P.S.-JANKINAGAR, DISTRICT-PURNEA. 10.DEEPAK KUMAR, S/O BALDEO PASWAN, R/O VILLAGE-MAHARAJGANJ, P.S.-JANKINAGAR, DISTRICT-PURNEA. 11.BHADRA KUMARI, D/O KALANAND YADAV, R/O VILLAGE+P.O.-MAHARAJGANJ, P.S.-BANMAKHI, DISTRICT-PURNEA. 12.RAJ KUMAR RANJAN, S/O BINDESHWARI YADAV, R/O VILLAGE-MAHARAJGANJ, P.S.-JANKINAGAR, DISTRICT-PURNEA. 13. KUMARI CHANDRAMUKHI, D/O PARMESHWAR PASWAN, R/O VILLAGE-RAJWADIH, P.S.- JANKINAGAR, DISTRICT-PURNEA. 14.MEENU KUMARI, D/O BHUPENDRA PASWAN, R/O VILLAGE-CHAKMAKA, P.S.-JANKINAGAR, DISTRICT- PURNEA. 15.MD.NAUSHAD ALAM, S/O ABDUL VAHAB ANSARI, R/O VILLAGE-KADWAHA, P.S.-BHARGAMA, DISTRICT- ARARIA. 16.MD.MAZEED IQUBAL, S/O MD.MOZIBUL HAQUE, R/O VILLAGE-NOORCHAK, P.S.-BHARGAMA, DISTRICT-PURNEA. ………………PETITIONERS. Versus 1. THE STATE OF BIHAR. 2 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. THE DIRECTOR, PRIMARY EDUCATION, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA. 4. THE COMMISSIONER, PURNEA DIVISION, PURNEA. 5. THE DISTRICT MAGISTRATE, PURNEA. 6. THE DISTRICT TEACHER APPOINTMENT APPELLATE AUTHORITY, DISTRICT-PURNEA. 7. THE MEMBER, DISTRICT TEACHER APPOINTMENT APPELLATE AUTHORITY, DISTRICT-PURNEA. 8. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, PURNEA. 9. THE DISTRICT SUPERINTENDENT OF EDUCATION, DISTRICT-PATNA. 10.THE DEPUTY DEVELOPMENT COMMISSIONER, DISTRICT-PURNEA. 11.THE SUB-DIVISIONAL OFFICER, SUB-DIVISION BANMANKHI, DISTRICT-PURNEA. 12.THE BLOCK DEVELOPMENT OFFICER, BLOCK- BANMANKHI, DISTRICT-PURNEA. 13.THE AREA EDUCATION OFFICER, BANMANKHI, DISTRICT-PURNEA. 14.THE BLOCK COOPERATIVE OFFICER, BLOCK- BANMANKHI, DISTRICT-PURNEA. 15.THE BLOCK EDUCATION EXTENSION OFFICER, BLOCK-BANMANKHI, DISTRICT-PURNEA. 16.THE MUKHIYA, GRAM PANCHAYAT RAJ MAHARAJGANJ, BLOCK-BANMANKHI, DISTRICT- PURNEA. 17.THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ MAHARAJGANJ-I, BLOCK-BANMANKHI, DISTRICT- PURNEA. 18.PUNAM KUMARI, D/O ANMOL YADAV, R/O VILLAGE+P.O.-NIPANIA, P.S.-BANMANKHI, DISTRICT-PURNEA. 19.ASHOK KUMAR, S/O BIJENDRA NARAYAN KUNWAR, R/O VILLAGE+P.O.-CHAKMAKA, P.S.-JANKINAGAR, DISTRICT-PURNEA. 20.PINKI KUMARI, D/O SACHENDRA YADAV, R/O VILLAGE+P.O.-CHAKMAKA, P.S.-JANKINAGAR, DISTRICT-PURNEA. 21.MADHU SAGAR, D/O SAGAR PRASAD YADAV, R/O VILLAGE+P.O.-CHAKMAKA, P.S.-JANKINAGAR, DISTRICT-PURNEA. 22.KAILASH PASWAN, S/O NAGESHWAR PASWAN, R/O VILLAGE-MAHARAJGANJ, P.S.-JANKINAGAR, DISTRICT-PURNEA. 23.ARCHANA KUMARI, D/O HARINANDAN PRAKASH, R/O VILLAGE+P.O.-RAMPUR TILAK, P.S.- JANKINAGAR, DISTRICT-PURNEA. 3 24.MD.AFROJ ALAM, S/O MD.SAGIRUDDIN, R/O BISHANPUR BAZAR, P.S.-KUMARKHAND, DISTRICT- MADHEPURA. 25.RAM KRISHNA MANAS, S/O YOGENDRA PRASAD SINGH, R/O VILLAGE+P.O.-RAMPUR TILAK, P.S.- JANKINAGAR, DISTRICT-PURNEA. ………RESPONDENTS. ----------- For the Petitioners : Mr.Rajendra Prasad Singh, Sr.Adv. and Mr.Rajeev Kumar Singh, Adv. For the State : Mr.Manoj Kumar Jha, AC to GA-I. For the Respondents : Mr.Chittaranjan Sinha, Sr.Adv.Amish Kumar, Adv. ------------- 7 17.08.2010 The 16 petitioners have together challenged a common order dated 31.08.2009 passed by the District Teachers Employment Appellate Authority, Purnea in Appeal Case No. 55 of 2009 by which the appointment of the petitioners as Panchayat Shikshaks have been found to be illegal and orders have been issued for cancellation of their appointment. The contention of learned counsel for the petitioners is that this order was passed in case of all the petitioners without any notice to them and behind their back and they were not given any opportunity of hearing in the matter. This factual aspect is not denied by learned senior counsel for the respondents. When the case was heard earlier on 19.01.2010 notices were issued to the private 4 respondents and the State counsel was directed to seek instruction and file counter affidavit. By the said order, the operation of the consequential orders of the District Superintendent of Education, Purnea was stayed. Since, admittedly the impugned order of the Appellate Authority has been passed behind the back of the petitioners, it is only fit and proper that the matter be reheard by the Appellate authority by giving opportunity to the petitioners. In the circumstances, without going into the merits of the matter, the order of the Appellate Authority, as contained in Annexure-1, and the consequential order of the District Superintendent of Education, Purnea dated 19.12.2009, are quashed. The petitioners are directed to appear before the Appellate Authority within two weeks from today and file their representation/reply within two weeks thereafter treating the said order of the Appellate Authority, as contained in Annexure-1, as show cause notice. The appeal shall be decided by the Appellate Authority within the statutory 5 period laid down in the Rules after fixing specific dates of hearing in the matter to enable the petitioners and other parties to appear. It is made clear that, if any of the petitioners does not appear before the Appellate Authority within two weeks from today and/or does not file his representation/reply within two weeks thereafter it will be presumed that he has no grievance against the order passed by the Appellate Authority and in his case order of the Appellate Authority, as contained in Annexure-1, shall revive and shall become operative. No adjournment shall be granted by the Appellate Authority to any of the parties on any ground whatsoever. Till the appeal is decided afresh by the Appellate Authority, after hearing the parties, the petitioners shall not be disturbed. The writ application is disposed of with the aforesaid observations and directions. Arvind/ ( J. N. Singh, J.)