IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9905 of 2008 RANJANA TIWARY, W/O SAILESH TIWARY, R/O VILLAGE-GAURA, P.O.-GAURA, P.S.-KETEYA, DISTRICT-GOPALGANJ. …………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER-CUM-SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 2. COMMISSIONER-CUM-SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. DISTRICT MAGISTRATE, GOPALGANJ. 4. BLOCK DEVELOPMENT OFFICER, KATEYA, GOPALGANJ. 5. BLOCK EDUCATION EXTENSION OFFICER, KATEYA, GOPALGANJ. 6. KUMARI RANJANA MANI TRIPATHI, W/O PRADEEP KUMAR TIWARY, R/O VILLAGE-GAURA, P.O.-GAURA, P.S.-KETEYA, DISTRICT- GOPALGANJ. 7. THE MUKHIYA, GRAM PANCHAYAT, GAURA, P.S.-KATEYA, GOPALGANJ. …………RESPONDENTS. ----------- 2 06.09.2011 In this writ application petitioner has challenged an order of the Collector dated 15.06.2008, as contained in Annexure-5, by which he has directed the B.D.O. to cancel the appointment of the petitioner as Panchayat Teacher on the basis of a report of the District Superintendent of Education, Gopalganj. The order shows that, it was simply forwarded by the B.D.O. to the Mukhiya/Panchayat Secretary of the gram panchayat for implementation vide his note dated 20.06.2008. 2 Learned Senior Counsel for the petitioner submits that now in matters of appointment or otherwise of the Panchayat Teachers the Collector has no role to play. Under the Rules, it is the employment unit which has to hold the selection process and make an appointment and any aggrieved party has a right to file complaint before the B.D.O. who was the Appellate Authority earlier to look into the matter and decide in respect of validity or otherwise of any appointment or selection process held. The Rule 18 has now been amended in 2008 and instead of B.D.O. a statutory Appellate Authority has been established in every district. He submits that under the Rules no role has been assigned or jurisdiction has been conferred to any Government functionary to interfere in the matter of selection or appointment of Panchayat Teachers or pass orders. Learned Senior Counsel for the petitioner places reliance on the cases of Shyam Babu Kumar Vs. State of Bihar [2008(4) PLJR 132]; Sunil Kumar Ojha and Ors. Vs. State of Bihar and Ors. [2009 (3) PLJR 48 and Smt. Amita Kumari Vs. 3 State of Bihar and Ors. [2010(1) PLJR 49]. Learned counsel for the respondents does not dispute this proposition that under the Rules the said authorities have no role to play in the matters of appointment and selection of Panchayat Teachers. In the circumstances, as per the laid down by this Court in above referred judgments, the order of the Collector, as contained in Annexure-5, is without jurisdiction and the same has been merely referred to by the B.D.O. to the Mukhiya/Panchayat Secretary without any application of mind by him. The order is accordingly quashed. The writ application is allowed. Arvind/ ( J.N. Singh, J.)