IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.7944 OF 2007 1.KAUSHAL KISHORE PRASAD, SON OF RAMASHRAY SAH, RESIDENT OF VILLAGE SOUTH TELHUA, P.S. NAUTAN, DIST. WEST CHAMPARAN (BETTIAH). 2.DASRATH KUMAR CHOUDHARY, SON OF BIRBAL SAHANI, RESIDENT OF VILLAGE SOUTH TELHUA, P.S. NAUTAN, DIST. WEST CHAMPARAN (BETTIAH). 3.MANOJ KUMAR, SON OF KAMAL RAM, RESIDENT OF VILLAGE SOUTH TELHUA, P.S. NAUTAN, DIST. WEST CHAMPARAN (BETTIAH). …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR. 2.THE SECRETARY, DEPARTMENT OF HUMAN RESOURCES, VIKAS BHAWAN, PATNA. 3.THE DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA. 4.THE DISTRICT MAGISTRATE, WEST CHAMPARAN, BETTIAH. 5.THE DISTRICT SUPERINTENDENT OF EDUCATION, WEST CHAMPARAN (BETTIAH). ………………………RESPONDENTS. WITH CWJC NO.7945 OF 2007 SUBHASH CHANDRA ROY, SON OF SRI GANGA KAMTI AND RESIDENT VILL. WARI, P.S. SINGHIA, DIST. SAMASTIPUR. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR. 2.THE SECRETARY, DEPT. OF SECONDARY, PRIMARY AND ADULT EDUCATION, GOVT. OF BIHAR. 3. THE DISTRICT MAGISTRATE, SAMASTIPUR. 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, SAMASTIPUR. 5.BLOCK DEVELOPMENT OFFICER, SINGHIA, DIST. SAMASTIPUR. 6.SECRETARY, PANCHAYAT SHIKSHAK NIYOJAN SAMITI, SINGHIA-II, P.S. SINGHIA, DIST. SAMASTIPUR. ………………………RESPONDENTS. WITH CWJC NO.7948 OF 2007 DAYANAND KUMAR, S/O SHRI BIJENDRA PRASAD YADAV, RESIDENT OF VILLAGE PATARGHATTI, P.O. + VLOCK + P.S. – TRIVENIGANJ, DIST. SUPAUL. …………………PETITIONER. 2 VERSUS 1.THE STATE OF BIHAR THROUGH THE SECRETARY DEPARTMENT OF EDUCATION, BIHAR, PATNA. 2.THE DIRECTOR, PRIMAY EDUCATION, BIHAR, PATNA. 3.THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, KOSHI DIVISION, SAHARASA. 4. THE DISTRICT MAGISTRATE, SUPAUL. 5. THE DISTRICT SUPERINTENDENT OF EDUCATION, SUPAUL, DIST. SUPAUL. 6.THE DEPUTY DEVELOPMENT COMMISSIONER, SUPAUL, DIST. SUPAUL. 7.THE DIRECTOR, DISTRICT RURAL DEVELOPMENT AUTHORITY, SUAPUL. 8.THE SUB-DIVISIONAL OFFICER, TRIVENIGANJ, DIST. SUPAUL. 9.THE BLOCK DEVELOPMENT OFFICER, TRIVENIGANJ, DIST. SUPAUL. 10.NAVINDRA THAKUR, THE SECRETARY OF PANCHAYAT, GRAM PANCHAYAT THALHA GADHIYA, SOUTH, ANCHAL TRIVENIGANJ, DIST. SUPAUL. 11.THE POPULARLY ELECTED MUKHIYA OF GRAM PANCHAYAT THALHA GADHIYA, SOUTH, ANCHAL TRIVENIGANJ, DIST. SUPAUL. 12.THE HIGH SCHOOL TEACHER, MEMBER OF TEACHER SELECTION COMMITTEE, TRIVENIGANJ HIGH SCHOOL, DIST. SUPAUL. 13.THE PANCHAYAT SAMITI MEMBER, GRAM PANCHAYAT THALHA GADHIYA, SOUTH, ANCHAL TRIVENIGANJ, DIST. SUPAUL. 14.WARD MEMBER, MEMBER OF TEACHER SELECTION COMMITTEE, GRAM PANCHAYAT THALHA GADHIYA, SOUTH, ANCHAL TRIVENIGANJ, DIST. SUPAUL. 15.RAJESH KUMAR GUPTA SON OF KUNNI SAH, RESIDENT OF VILLAGE PATARGHATTI, P.O. + BLOCK + P.S. TRIVENIGANJ, DIST. SUPAUL. ………………………RESPONDENTS. WITH CWJC NO.7979 OF 2007 MAMTA KUMARI, WIFE OF SUNIL KUMAR PRABHAKAR, RESIDENT OF VILLAGE BISHANPUR, POLICE STATION LAUKAHA, DIST. MADHUBANI. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR. 2.THE SECRETARY CUM COMMISSIONER, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA. 3.THE DIRECTOR, PRIMARY EDUCATION, GOVT. OF BIHAR, PATNA. 4.THE DISTRICT MAGISTRATE, MADHUBANI. 3 5.THE DISTRICT SUPERINTENDENT OF EDUCATION CUM DISTRICT COORDINATOR, SARVA SHIKSHA ABHIYAN, MADHUBANI. 6.THE BLOCK EDUCATION EXTENSION OFFICER, KHUTAUNA BLICK, MADHUBANI. 7.THE MUKHIYA, BIRPUR, GRAM PANCHAYAT, KHUTAUNA, BLOCK DIST. MADHUBANI. 8.THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ BISPUR, KHUTAUNA, BLOCK, DIST. MADHUBANI. ………………………RESPONDENTS. WITH CWJC NO.8026 OF 2007 MADHU KUMARI, WIFE OF SRI RANJEET KUMAR, RESIDENT OF VILLAGE + P.O. HARIDASPUR, P.S. KHAGAUL, DIST. PATNA. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR THROUGH SECRETARY CUM COMMISSIONER, HUMAN RESOURCES DEPARTMENT, NEW SECRETARIAT, PATNA. 2.THE DISTRICT MAGISTRATE, VAISHALI AT HAJIPUR. 3. THE DISTRICT SUPERINTENDENT OF EDUCATION, VAISHALI AT HAJIPUR. 4. THE SUB-DIVISIONAL EDUCATION OFFICER, HAJIPUR. 5.THE BLOCK DEVELOPMENT OFFICER, LALGANJ BLOCK, HAJIPUR. 6. THE BLOCK EDUCATION EXTENSION OFFICER, LALGUNJ, HAJIPUR. 7.THE CHILD DEVELOPMENT PROJECT OFFICER, LALGUNJ, VAISHALI. 8.THE MUKHIYA, GRAM PANCHAYAT RAJ, RIKHAR, LALGUNJ, VAISHALI. 9.THE PANCHAYAT SACHIV, GRAM PANCHAYAT RAJ, RIKHAR, LALGUNJ, VAISHALI. ………………………RESPONDENTS. WITH CWJC NO.8059 OF 2007 BIRENDRA KUMAR, SON OF ARJUN BHAGAT, RESIDENT OF VILLAGE PARIKALA, POLICE STATION NABINAGAR, DIST. AURANGABAD (BIHAR). …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR THROUGH ITS CHIEF SECRETARY, BIHAR, PATNA. 2.THE DIRECTOR PRIMARY EDUCATION, PATNA BIHAR. 4 3.THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, MAGADH DIVISION, PATNA. 4.THE DISTRICT SUPERINTENDENT OF EDUCATION, AURANGABAD. 5.MUKHIYA RAMPUR PANCHAYAT DIST. AURANGABAD. 6.PANCHAYAT SEVAK CUM SECRETARY RAMPUR PANCHAYAT, DIST. AURANGABAD. 7. THE BLOCK EDUCATION EXTENSION OFFICER, NABINAGAR BLOCK, AURANGABAD. ………………………RESPONDENTS. WITH CWJC NO.8061 OF 2007 REKHA KUMARI WIFE OF SANJAY KUMAR, D/O SAHDEO PRASAD, RESIDENT OF VILLAGE MATUA, P.O. NAULA NAGAR, DIST. GAYA. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR. 2. THE SECRETARY, DEPARTMENT OF HUMAN RESOURCES, GOVT. OF BIHAR, PATNA. 3.THE DIRECTOR (PRIMARY EDUCATION), DEPARTMENT OF HUMAN RESOURCES, GOVT. OF BIHAR, PATNA. 4.THE REGIONAL DEPUTY DIRECTOR, DEPTT. OF HUMAN RESOURCES, GAYA. 5. THE DISTRICT SUPERINTENDENT OF EDUCATION, GAYA. 6. THE BLOCK EDUCATION EXTENSION OFFICER, (BEEO) ATARI, DIST. GAYA. 7. THE DISTRICT MAGISTRATE CUM OFFICER, GAYA. 8. THE BLOCK DEVELOPMENT OFFICER, (B.D.O.) ATARI, DIST. GAYA. ………………………RESPONDENTS. WITH CWJC NO.8081 OF 2007 PAWAN KUMAR SON OF SRI MAHENDRA THAKUR, RESIDENT OF VILLAGE GOBIND FANDAH, P.O. RIGH, P.S. SITAMARHI, DIST. SITAMARHI. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR. 2. COMMISSIONER CUM SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, NEW SECRETARIAT, PATNA. 3. DIRECTOR PRIMARY EDUCATION, GOVT. OF BIHAR, PATNA. 4. DISTRICT MAGISTRATE, SITAMARHI. 5 5. DISTRICT SUPERINTENDENT OF EDUCATION, SITAMARHI. 6. THE BLOCK EDUCATION EXTENSION OFFICER, RIGA, SITAMARHI. 7.SRI VIJENDRA YADAV, MUKHIYA OF PANCHAYAT POSUA PATANIA, P.S. RIGA, DIST. SITAMARHI. 8.SRI RAM EKBAL SAH, PANCHAYAT SECRETARY OF POSUA PATARIA PANCHAYAT, P.S. RIGA, DIST. SITAMARHI. 9.DINESH KUMAR S/O BINDA THAKUR, VILLAGE RANJEETPUR, P.O. RIGA, P.S. SITAMARHI, DIST. SITAMARHI. ………………………RESPONDENTS. WITH CWJC NO.8132 OF 2007 RAM SEWAK BAITHA, SON OF SRI THITHAR BAITHA, RESIDENT OF VILLAGE SHANKARPUR, P.O. GAJPATTI, P.S. BITHAN, DIST. SAMASTIPUR. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR. 2. COMMISSIONER CUM SECRETARY, DEPARTMENT OF HUMAN RESOURCES, GOVT. OF BIHAR, PATNA. 3.THE DISTRICT MAGISTRATE, SAMASTIPUR. 4.THE DISTRICT SUPERINTENDENT OF EDUCATION, SAMASTIPUR. 5.THE DISTRICT EDUCATION OFFICER, SAMASTIPUR. 6. THE SUB-DIVISIONAL OFFICER, ROSERA. 7. THE BLOCK DEVELOPMENT OFFICER, BITHAN BLOCK, SAMASTIPUR. 8. THE BLOCK EDUCATION EXTENSION OFFICER, BITHAN BLOCK, DIST. SAMASTIPUR. 9.THE PANCHAYAT SECRETARY, SAKHAWA PANCHAYAT, SAMASTIPUR. 10.THE MUKHIYA, SAKHAWA PANCHAYAT, SAMASTIPUR. ………………………RESPONDENTS. WITH CWJC NO.8145 OF 2007 SITA RAM DUBEY S/O LATE RAJI DUBEY, R/O VILL. BAKHAR CHANDIHA, P.S. PURAUHIYA, DIST. SHEOHAR. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR THROUGH COLLECTOR, SHEOHAR. 2.THE DEPUTY DEVELOPMENT COMMISSIONER, SHEOHAR. 6 3.THE BLOCK DEVELOPMENT OFFICER, BLOCK PURNAHIA, DIST. SHEOHAR. 4. THE BLOCK EDUCATION EXTENSION OFFICER, BLOCK PURNAHIA, DIST. SHEOHAR. 5.MUKHIA, GRAM PANCHAYAT BAKHAR CHANDIHA, BLOCK PURNAHIA, DIST. SHEOHAR. 6.PANCHAYAT SEVAK, GRAM PANCHAYAT BAKHAR CHANDIHA, BLOCK PUNAHIA, DIST. SHEOHAR. 7.ASHA KUMARI, D/O LATE SATYANDRA PRASAD, R/O ASHOGI, P.O. BEDAUL BAJ, P.S. PIPRASHI, DIST. SHEOHAR. ………………………RESPONDENTS. WITH CWJC NO.8164 OF 2007 PRAKASH MANDAL SON OF SRI SAMAR MANDAL RESIDENT OF VILLAGE RAKSHA, POLICE STATION SONO AND DIST. JAMUI. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR THROUGH ITS CHIEF SECRETARY, GOVT. OF BIHAR, PATNA. 2.THE HEAD MASTER, MIDDLE SCHOOL PAIRAMATIHANA, CIRCLE SONO, JAMUI. 4.THE SECRETARY, VIDALAYA SHIKSHA SAMITTI, MIDLE SCHOOL PAIRAMATIHANA (SONO) JAMUI. ………………………RESPONDENTS. WITH CWJC NO.8165 OF 2007 SEEMA KUMARI WIFE OF DINESH KUMAR SINGH OF VILLAGE DHARAHARA, POLICE STATION GOPALPUR, DIST. BHAGALPUR. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR. 2.DISTRICT MAGISTRATE, BHAGALPUR. 3.PANCHAYAT RAJ PADADHIKARI, BHAGALPUR. 4.PRAKHAND SHIKSHA PRASAR PADADHIKARI PRAKHAND GOPALPUR, P.S. GOPALPUR, BHAGALPUR. 5.MUKHIYA MAKANPUR, PANCHAYAT PRAKHAND GOPALPUR, P.S. GOPALPUR, DISTT. BHAGALPUR. 6.PANCHAYAT SEVAK, MAKANPUR PRAKHAND GOPALPUR, DIST. BHAGALPUR. 7.APRAJITA KUMARI WIFE OF OM SHANKAR OF VILLAGE DHARAHARA, P.S. GOPALPUR, DIST. BHAGALPUR. ………………………RESPONDENTS. WITH CWJC NO.8170 OF 2007 7 BIBHA KUMARI W/O RAVI BHUSHAN SINGH, RESIDENT OF VILL. SONBARSHAGHAT, P.O. SONBARSHAGHAT, P.S. CHAUTHAM, DIST. KHAGARIA. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR. 2.THE COLLECTOR, KHAGARIA. 3. THE DISTRICT SUPERINTENDENT OF EDUCATION, KHAGARIA. 4. THE BLOCK EDUCATION EXTENSION OFFICER, KHAGARIA. 5.GOBARDHAN YADAV S/O NOT KNOWN PANCHAYAT SEWAK BLOCK CHAUTHAM, DIST. KHAGARIA. 6.THE HEADMASTER MIDDLE SCHOOL SONBARSHA GHAT, BLOCK CHAUTHAM, DIST. KHAGARIA. 7.VIJAY KUMAR PATEL, S/O SUDHIR SINGH, AT PRESENT MUKHIYA OF PUTBE BORNEY PANCHAYT, P.S. CHAUTHAM, DIST. KHAGARIA. 8.BASUDHA KUMARI, D/O AMLENDU KUMAR, RESIDENT OF VILL. SONBARSHAGHAT, P.S. CHAUTHAM, DIST. KHAGARIA. ………………………RESPONDENTS. WITH CWJC NO.8203 OF 2007 NANDA PRASAD SINHA @ NANDA PRASAD SINGH, S/O LATE CHAMARI SINGH, R/O VILLAGE AND P.O. KAWALI, P.S. KAWAKOL, DIST. NAWADA. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR. 2. COMMISSIONER CUM SECRETARY, DEPARTMENT OF HUMAN RESOURCES, GOVT. OF BIHAR, OLD SECRETARIAT, PATNA. 3. DISTRICT MAGISTRATE, NAWADA. 4. DISTRICT SUPERINTENDENT OF EDUCATION, NAWADA. 5. BLOCK DEVELOPMENT OFFICER, KAWAKOL, DIST. NAWADA. 6. BLOCK EDUCATION EXTENSION OFFICER, KAWAKOL, DIST. NAWADA. 7.PANCHAYAT SECRETARY, MANJHALA GRAM PANCHAYAT, UNDER KAWAKOL BLOCK, DIST. NAWADA. 8.MUKHIYA, MANJHILA GRAM PANCHAYAT, UNDER KAWAKOL BLOCK, DIST. NAWADA. 9.SRI GORAL AL SINGH, S/O TRIBENI SINGH, R/O KEWALI, P.S. KAWAKOL, DIST. NAWADA. ………………………RESPONDENTS. 8 WITH CWJC NO.8222 OF 2007 HUSNE ARA KHATOON W/O KAMRUZZAMA, RESIDENT OF VILLAGE PANKHAUWA, P.S. JALALGARH, DIST. PURNEA. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR. 2. COMMISSIONER CUM SECRETARY, DEPARTMENT OF HUMAN RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA. 3.THE DISTRICT MAGISTRATE, PURNEA. 4. THE DISTRICT EDUCATION OFFICER, PURNEA. 5.THE DISTRICT SUPERINTENDENT OF EDUCATION, PURNEA. 6.THE BLOCK DEVELOPMENT OFFICER, JALALGARH, DIST. PURNEA. 7.THE BLOCK EDUCATION EXTENSION OFFICER, JALALGARH, P.S. JALALGARH, DIST. PURNEA. 8.THE MUKHIYA, CHAK GRAM PANCHAYAT, P.S. JALALGARH, DIST. PURNEA. 9.THE PANCHAYAT SECRETARY, CHAK GRAM PANCHAYAT, P.S. JALALGARH, DIST. PURNEA. ………………………RESPONDENTS. WITH CWJC NO.8234 OF 2007 KOUSHALENDRA KUMAR, SON OF SATYENDRA KUMAR SINGH, RESIDENT OF VILLAGE BHIKHANPUR NORTH TOLA, P.O. BHIKHANPUR, P.S. AMARPUR, DIST. BANKA. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR THROUGH THE SECRETARY HUMAN RESOURCE AND DEVELOPMENT, GOVT. OF BIHAR, PATNA. 2. THE DISTRICT MAGISTRATE, BANKA. 3. THE DISTRICT SUPERINTENDENT OF EDUCATION, BANKA. 4. BLOCK DEVELOPMENT OFFICER, AMARPUR, BANKA. 5.MR. AVINASH KUMAR, BDO, AMARPUR, BANKA. 6.ANIL YADAV, SON OF NOT KNOWN TOP THE PETITIONER, PANCHAYAT SEVAK, KUSHMAHA GRAM PANCHAYAT, AMARPUR BLOCK, BANKA. 7.BABU LAL MANDAL, S/O NOT KNOWN TO THE PETITIONER, PANCHAYAT SEVAK, PAWAI GRAM PANCHAYAT, AMARPUR BLOCK, BANKA. 8.SONI KUMARI, WIFE OF RAMAN MAUAR, RESIDENT OF VILLAGE GORADIH, P.S. SAHKUND, DIST. BHAGALPUR. 9 9.RUBI KUMARI, DAUGHTER OF DHRUB LAL MANDAL, GRAM & POST PAWAI, P.S. AMARPUR, DIST. BANKA. ………………………RESPONDENTS. WITH CWJC NO.8267 OF 2007 KUMARI ANAMIKA SINGH, WIFE OF SRI RAKESH KUMAR SINGH, RESIDENT OF VILLAGE GORI, P.S. KARGAHAR, DIST. ROHTAS. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR. 2. THE BLOCK DEVELOPMENT OFFICER, PANCHAYAT KARGAHAR, DIST. ROHTAS AT SASARAM. 3. THE DISTRICT EDUCATION OFFICER, ROHTAS AT SASARAM. 4. THE DISTRICT MAGISTRATE, ROHTAS AT SASARAM. 5. THE DISTRICT SUPERINTENDENT OF EDUCATION, ROHTAS AT SASARAM. 6.MUKHIYA ARURUAN, GRAM PANCHAYAT, KARGAHAR, ROHTAS. 7.THE DEPUTY DEVELOPMENT COMMISSIONER, ROHTAS AT SASARAM. ………………………RESPONDENTS. WITH CWJC NO.8279 OF 2007 MD. GHULAM SHAHID HUSSAIN SON OF SK. SIKANDAR ALI, RESIDENT OF VILLAGE ACHHEPUR KANARHRIA, P.S. DAGARWA, DIST. PURNEA. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR. 2. DISTRICT MAGISTRATE, KATIHAR. 3. DISTRICT SUPERINTENDENT OF EDUCATION OFFICER, DIST. KATIHAR. 4. DISTRICT EDUCATION EXTENSION OFFICER, KATIHAR. 5.DISTRICT PROGRAMMING CONVENOR, BIHAR EDUCATION PROJECT, KATIHAR. 6. BLOCK DEVELOPMENT OFFICER, KADWA BLOCK, DIST. KATIHAR. 7. BLOCK EDUCATION OFFICER, KDAWA, DIST. KATIHAR. 8.MUKHIYA GRAM PANCHAYAT, DHANGAWANA, DIST. KATIHAR. 9.SECRETARY GRAM PANCHAYAT GRAM SEWAK DHANGAWANA PANCHAYAT, DIST. KATIHAR. 10 10.MD. ARIF HUSSAIN SON OF MANJOOR, RESIDENT OF VILLAGE ASIAGRI, P.S. BHARI, DIST. KATIHAR. ………………………RESPONDENTS. WITH CWJC NO.8335 OF 2007 MD. NAUSHAD, S/O NOOR MOHAMMAD, R/O VILLAGE SHAHPUR BAGHAUNI, P.S. WAINI, DIST. SAMASTIPUR. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR. 2.THE SECRETARY CUM COMMISSIONER, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA. 3.THE DIRECTOR, PRIMARY EDUCATION, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA. 4.THE COLLECTOR, SAMASTIPUR. 5.THE DISTRICT SUPERINTENDENT OF EDUCATION CUM DISTRICT PROGRAMME CONVENER OF BIHAR EDUCATION PROJECT, SAMASTIPUR. 6.THE BLOCK DEVELOPMENT OFFICER, TAJPUR, DIST. SAMASTIPUR. 7. THE BLOCK EDUCATION EXTENSION OFFICER, TAJPUR, DIST. SAMASTIPUR. 8.GRAM PANCHAYAT RAJ SHAHPUR BAGHAUNI, VIA WAINI, DIST. SAMASTIPUR THROUGH IT’S MUKHIYA. 9.THE MUKHIYA, GRAM PANCHAYAT RAJ SHAHPUR BAGHAUNI, VIS WAINI DIST. SAMASTIPUR. 10.THE PANCHAYAT SACHIV, GARM PANCHAYAT RAJ SHAHPUR BAGHAUNI, VIA WAINI, DIST. SAMASTIPUR. 11.MD. NASIMIDDIN, S/O MD. ALIMUDDIN, VILLAGE SHAHPUR BAGHAUNI, P.S. WAINI, DIST. SAMASTIPUR. ………………………RESPONDENTS. WITH CWJC NO.8356 OF 2007 CHANDRADEO PRASAD, SON OF AMIR SAH, RESIDENT OF VILLAGE BASANTPATTI, P.S. PURNAHIA, DIST. SHEOHAR. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR. 2.SECRETARY, DEPARTMENT OF HUMAN RESOURCES, NEW SECRETARIAT, BIHAR, PATNA. 3.DIRECTOR, PRIMARY EDUCATION, PATNA. 11 4. DISTRICT MAGISTRATE, SHEOHAR. 5. DISTRICT SUPERINTENDENT OF EDUCATION, SHEOHAR. 6. BLOCK DEVELOPMENT OFFICER, PURNAHIA, DIST. SHEOHAR. 7.BLOCK EDUCATION EXTENSION OFFICER, PIPRAHI, PURNAHIA, SHEOHAR, DIST. SHEOHAR. 8.MUKHIYA CUM CHAIRMAN, SUKHA SUBIDHA COMMITTEE, GRAM PANCHAYAT RAJ, BASANTPATTI, DIST. SHEOHAR. ………………………RESPONDENTS. WITH CWJC NO.8374 OF 2007 1.TARKESHWAR PRASAD YADAV, SON OF RAMAYAN ROY, RESIDENT OF VILL. HARNA, P.S. DARIYAPUR, DIST. SIWAN. 2.AMARESH KUMAR, SON OF SHRI HAVALDAR ROY, RESIDENT OF VILL. HARNA, P.S. DARIYAPUR, DIST. SIWAN. …………………PETITIONERS. VERSUS 1.THE STATE OF BIHAR THROUGH THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA. 2. DISTRICT MAGISTRATE, CUM COLLECTOR, SIWAN AT SIWAN. 3. DISTRICT SUPERINTENDENT OF EDUCATION CUM DISTRICT COORDINATOR OF SARVA SHIKSHA ABHIYAN, SARAN. 4.MUKHIYA, HARNA GRAM PANCHAYAT, HEADQUARTERS AT HARNA. 5.HEADMASTER, UPGRADED MIDDLE SCHOOL, JADURAM PUR, BLOCK DARIYAPUR, DIST. SIWAN. 6.HEADMASTER, UPGRADED MIDDLE SECHOOL, BANWARIPUR, SIWAN. ………………………RESPONDENTS. WITH CWJC NO.8387 OF 2007 SUNIL KUMAR, S/O SRI PARMANAND YADAV, RESIDENT OF VILLAGE & P.O. ARAN, P.S. BIHRA, DIST. SAHARSA. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, BIHAR, PATNA. 2.THE SECRETARY, PRIMARY AND ADULT EDUCATION DEPARTMENT, GOVT. OF BIHAR, PATNA. 3.THE DISTRICT MAGISTRATE, SAHARSA. 12 4.THE DISTRICT SUPERINTENDENT OF EDUCATION, SAHARSA. 5.THE BLOCK DEVELOPMENT OFFICER, SATAR KATAIYA BLOCK, DIST. SAHARSA. 6.THE PANCHAYAT SECRETARY, VISHANPUR GRAM PANCHAYAT, SATAR KATAIYA BLOCK, DIST. SAHARSA. 7.THE MUKHIA, VISHANPUR GRAM PANCHAYAT, SATAR KATAIYA BLOCK, DIST. SAHARSA. 8.SANJAY KUMAR, S/O LATE SUNIL YADAV, PRATHMIK VIDYALAYA, VISHANPUR, BHAYA PANCHGACHIA, SATAR KATAIYA BLOCK, DIST. SAHARSA. ………………………RESPONDENTS. WITH CWJC NO.8412 OF 2007 AJIT KUMAR SON OF SHRI KAPLESHWAR YADAV, RESIDENT OF VILLAGE + P.O. BALJORA, BLOCK + P.S. TRIVENIGANJ, DIST. SUPAUL. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR THROUGH THE SECRETARY DEPARTMENT OF EDUCATION, BIHAR, PATNA. 2.THE DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA. 3.THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, KOSHI DIVISION, SAHARSA. 4. THE DISTRICT MAGISTRATE, SUPAUL. 5. THE DISTRICT SUPERINTENDENT OF EDUCATION, SUPAUL, DIST. SUPAUL. 6.THE DEPUTY DEVELOPMENT COMMISSIONER, SUPAUL, DIST. SUPAUL. 7.THE DIRECTOR, DISTRICT RURAL DEVELOPMENT AUTHORITY, SUPAUL. 8.THE SUB-DIVISIIONAL OFFICER, TRIVENIGANJ, DIST. SUPAUL. 9. THE BLOCK DEVELOPMENT OFFICER, TRIVENIGANJ, DIST. SUPAUL. 10.NAVINDRA THAKUR, THE SECRETARY OF PANCHAYAT, GRAM PANCHAYAT THALHA GADHIYA, SOUTH, ANCHAL TRIVENIGANJ, DIST. SUPAUL. 11.THE POPULARLY ELECTED MUKHIYA OF GRAM PANCHAYAT THALHA GADHIYA, SOUTH, ANCHAL TRIVENIGANJ, DIST. SUPAUL. 12.THE HIGH SCHOOL TEACHER, MEMBER OF TEACHER SELECTION COMMITTEE, TRIVENIGANJ HIGH SCHOOL, DIST. SUPAUL. 13.THE PANCHAYAT SAMITI MEMBER, GRAM PANCHAYAT THALHA GADHIYA, SOUTH, ANCHAL TRIVENIGANJ, DIST. SUPAUL. 13 14.WARD MEMBER, MEMBER OF TEACHER SELECTION COMMITTEE, GRAM PANCHAYT THALHA GADHIYA, SOUTH, ANCHAL TRIVENIGANJ, DIST. SUPAUL. 15.CHANDRA PRAKASH BHAGAR SON OF AKLU BHAGAT, RESIDENT OF VILLAGE KARMINIA, P.O. BALJORA, BLOCK + P.S. TRIVENIGANJ, DIST. SUPAUL. ………………………RESPONDENTS. WITH CWJC NO.8427 OF 2007 NAWAL KISHORE PRASAD SON OF LATE DAROGA PRASAD GUPTA, RESIDENT AT VILLAGE URANI, P.O. BIRANAWA, P.S. PAKRIBRAWAN, DIST. NAWADAH. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR. 2.THE COMMISSIONER CUM SECRETARY, DEPARTMENT OF HUMAN RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. THE DISTRICT MAGISTRATE, NAWADA. 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, NAWADAH. 5. THE BLOCK DEVELOPMENT OFFICER, PAKRIBRAWAN, DIST. NAWADAH. 6.THE BLOCK EDUCATION EXTENSION OFFICER, PARKRIBRAWAN IN THE DISTRICT OF NAWADAH. 7.THE PANCHAYAT SECRETARY, DEODHA GRAM PANCHAYAT, UNDER PAKRIBRAWN BLOCK IN THE DIST. NAWADAH. 8.THE MUKHIYA, DEODHA GRAM PANCHAYAT IN PAKRIBRAWN, DIST. NAWADAH. ………………………RESPONDENTS. WITH CWJC NO.8443 OF 2007 BISUNDEO CHOUDHARY, SON OF LATE CHANDRIKA CHOUDHARY, RESIDENT OF VILLAGE ALI NAGAR, P.O. BARBIGHA, P.S. SARE, DIST. NALANDA. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR. 2. SECRETARY, HUMAN RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA. 3.DIRECTOR, PRIMARY EDUCATION, GOVT. OF BIHAR, PATNA. 4. THE DISTRICT MAGISTRATE, NALANDA. 5. THE DISTRICT SUPERINTENDENT OF EDUCATION, NALANDA. 14 6.DEPUTY SUPERINTENDENT OF EDUCATION, NALANDA. 7. THE BLOCK EDUCATION EXTENSION OFFICER, ASTHAWA, NALANDA. 8. THE BLOCK DEVELOPMENT OFFICER, ASTHAWA, NALANDA. …….RESPONDENTS 1ST SET. 9.BAJIUDDIN @ CHAND MIAN, SON OF LATE JIYAUDDIN, MUKHIYA GILANI GRAM PANCHAYAT, RESIDENT OF HARGAMA, P.O. BARBIGHA, P.S. SARE, DIST. NALANDA. 10.THE PRESIDENT, VIDYALAYA SHIKSHA SAMITI, VILLAGE AMUA BIGHA, GILANI, P.S. SARE, DIST. NALANDA. 11.THE SECRETARY, VIDYALAYA SHIKSHA SAMITI, VILLAGE AMUA BIGHA, GILANI, P.S. SARE, DIST. NALANDA. …….RESPONDENTS 2ND SET. 12.RAM BALAK YADAV, SON OF SHRI KISHORI YADAV, RESIDENT OF VILLAGE + P.O. – GILANI, P.S. SARE, DIST. NALANDA. …….RESPONDENTS 3RD SET. ----------- 10/ 13.07.2011 All these cases relate to the engagement of the petitioners as a Shiksha Mitra and/or appointment on the post of Panchayat Shikshak. It has been claimed by most of the petitioners that had they been engaged and continued in service as a Shiksha Mitra, they could have got the benefit of absorption on the post of Panchayat Shikshak in terms of Rule 20(iii) of 2006 Rules. In some of the cases the grievance relate directly to selection and appointment on the post of Panchayat Shikshak. The aforesaid 2006 Rule however itself provides a statutory alternative remedy in Rule- 18 thereof, wherein, an independent body namely 15 the District Teachers Appellate Authority has been constituted to look into any of the grievances relating to employment on the post of Panchayat Shikshak which in its wide sweep would also include the absorption of Shiksha Mitra on the post of Panchayat Shikshak. For some period of time there was some sort of confusion as with regard to jurisdiction for entertaining the dispute relating to engagement/ continuation on the post of Shiksha Mitra, in view of the provisions made in Rule-18 regarding complaint in relation to employment and service condition of Panchayat teachers only but then the State Government has also clarified the same by its circular dated 14.05.2009 in terms of Rule 19 of 2006 Rules that even the dispute relating to the post of Shiksha Mitra could be adjudicated by the District Teachers Appellate Authority. The tribunal in form of the District Teachers Appellate Authority is therefore fully competent to entertain a complaint as with regard to selection and appointment on the post of Shikshamitra or Panchayat Shikshak and it has full powers to find out the facts and decide the issues in the light of the relevant Rules and/or 16 Circular. Therefore, these writ applications are disposed of with a liberty to the petitioners of these cases to approach the concerned District Teachers Appellate Authority within a period of six weeks from today and if such an application by way of complaint is filed individually by them before the concerned Authority, it will proceed to examine the claim of the concerned petitioner on merit and would not non suit any one of them on the ground of limitation. It is however made clear, that in case, the petitioners would also assail the engagement/continuation of any other persons on the post of Shiksha Mitra who have been later on absorbed as Panchayat Shikshak, not only the Authority will have to issue notices to such persons but will have to also afford opportunity of hearing to them before passing the final order on such complaint/representation filed by the petitioners before the Authority. The Authority keeping in view that the dispute has lingered for a long time and that the Authority was constituted during the pendency of these writ applications filed in the year 2007 must ensure that a final decision in 17 accordance with law is taken within a period of six months from the date of filing of the complaint/ representation of the concerned petitioners. With the aforementioned observations and direction, these applications are disposed of. Ranjan (Mihir Kumar Jha, J)