IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7785 of 2008 1. RITA SINHA, W/O BINOD KUSHWAHA, R/O VILLAGE+P.O.-BAKATPUR, P.S.-KANTI, DISTRICT- MUZAFFARPUR. 2. MALA VERMA, W/O CHITRANJAN KUSHWAHA, R/O VILLAGE+P.O.-BAKATPUR, P.S.-KANTI, DISTRICT- MUZAFFARPUR. ……………………PETITIONERS. Versus 1. THE STATE OF BIHAR. 2. THE SECRETARY-CUM-COMMISSIONER, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE DISTRICT MAGISTRATE, MUZAFFARPUR. 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, MUZAFFARPUR. 5. THE BLOCK DEVELOPMENT OFFICER, KANTI BLOCK, DISTRICT-MUZAFFARPUR. 6. THE BLOCK EDUCATION EXTENSION OFFICER, KANTI BLOCK, DISTRICT-MUZAFFARPUR. 7. THE PANCHAYAT SACHIV, BAKATPUR GRAM PANCHAYAT KANTI BLOCK, DISTRICT-MUZAFFARPUR. 8. THE MUKHIYA, BAKATPUR GRAM PANCHAYAT, KANTI BLOCK, DISTRICT-MUZAFFARPUR. ……………………RESPONDENTS. With CWJC No.7704 of 2008 1. SHAMBHU RAM, S/O SRI SHIVAM RAM, R/O VILLAGE-AASNAGAR, P.O.-BAKATPUR, P.S.-KANTI, DISTRICT-MUZAFFARPUR. 2. RAJEEV BHUSAN BHARTI, S/O SRI MACHENDRA SAHNI, R/O VILLAGE-AASNAGAR, P.O.-BAKATPUR, P.S.-KANTI, DISTRICT-MUZAFFARPUR. 3. MD.SAMIUDDIN, S/O MD.TASLIM, R/O VILLAGE- AASNAGAR, P.O.-BAKATPUR, P.S.-KANTI, DISTRICT-MUZAFFARPUR. 4. RAJEEVA KHATOON, D/O MD.MUKIM, R/O VILLAGE+P.O.-KAKATPUR, P.S.-KANTI, DISTRICT- MUZAFFARPUR. 5. NITESH KUMAR, S/O NIRANJAN OJHA, R/O VILLAGE+P.O.-BAKATPUR, P.S.-KANTI, DISTRICT- MUZAFFARPUR. ……………………PETITIONERS. Versus 1. THE STATE OF BIHAR. 2. THE SECRETARY-CUM-COMMISSIONER, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE DISTRICT MAGISTRATE, MUZAFFARPUR. 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, MUZAFFARPUR. 5. THE BLOCK DEVELOPMENT OFFICER, KANTI BLOCK, DISTRICT-MUZAFFARPUR. 2 6. THE BLOCK EDUCATION EXTENSION OFFICER, KANTI BLOCK, DISTRICT-MUZAFFARPUR. 7. THE PANCHAYAT SACHIV, BAKATPUR GRAM PANCHAYAT KANTI BLOCK, DISTRICT-MUZAFFARPUR. 8. THE MUKHIYA, BAKATPUR GRAM PANCHAYAT, KANTI BLOCK, DISTRICT-MUZAFFARPUR. ……………………RESPONDENTS. ----------- 3 27.10.2010 In these two writ applications, two I.As have been filed numbered as 5900 of 2010 and 5901 of 2010 bringing on record a letter of the Member of the District Teachers Employment Appellate Authority, Muzaffarpur dated 1.10.2009 addressed to the District Superintendent of Education, Muzaffarpur informing him that the matter could not be decided by the Tribunal as these writ applications are pending in this Court. From the said letter, it appears that some application was filed before the Chief Minister in Janta Darbar which was referred to the Tribunal for consideration. The I.As are accordingly allowed and are ordered to be treated as part of the writ applications. The petitioners of the two writ applications have challenged an order of the Block Development Officer, Kanti contained in memo no. 1886 dated 28.03.2008, by which the 3 appointments of untrained teachers have been cancelled on account of irregularities found in the selection process of Bakatpur Panchayat in the year 2006. Learned counsels appearing for the petitioners in two cases have challenged this order on merits on different counts. However, this Court is of the view that since application forwarded by the Chief Minister Secretariat is pending with the Appellate Authority, the Appellate Authority will be in a better position to examine the matter after calling for the entire records of the Panchayat in respect of the said selection process and after hearing the respective parties including these petitioners. Therefore, these writ applications are disposed of with a direction to the concerned Appellate Authority to consider the application received in its office from the Chief Minister Secretariat, after calling for the concerned records and after hearing the parties, decide the matter on merits without feeling any impediment by the said impugned order of the Block Development Officer dated 4 28.03.2008. For convenience of the Appellate Authority, the petitioners will be at liberty to file a formal memo of appeal before the Appellate Authority. The Appellate Authority shall decide the matter preferably within a period of two months from the date of filing of the said memo of appeal by the petitioners. Arvind/ ( J. N. Singh, J.)