IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6902 of 2008 1. AWADHESH GIRI son of Jagarnath Giri resident of village + Bhagipatti Jhil, P.s. kateya, Distt. Gopalganj, at present posted and working as Panchayat teacher in Govt. Primary School, Sahajanwa, anchal Kateya, distt. Gopalganj. 2. Suman Devi wife of Mirtunjay Rai, resident of village Sahajanwa, Khurd, P.O. Bhagipatti, Jhil, P.S. Kateya, Dist. Gopalganj at present posted and working as Panchayat teacher in Govt. Primary School Sahajanwa, anchal Kateeya, disitrict Gopalganj. 3. Nand Lal Mishra son of Shri Sakal Mishra, resident of village ameya, P.O. Mahuawa, P.S. Kateya, Distt. Gopalganj, at present posted and working as Panchayat teacher in Govt.Primary School, Bhagipatti Khurd, Anchal Kateya, Distt. Gopalganj. 4. Vinita Singh wife of sanjay Singh , resident of village Bhagipatti Kurd, P.O. Bhagipatti Jhil P.S. Kateya, Distt. Gopalganj, at present posted and working as Panchayat teacher in Govt. Primary School, Bhagipatti Khurd, anchal kateya, Dist. Gopalganj. 5. Punesh Kumar Prasad son of Bhagirathi Prasad, resident of village Ameya, P.O. Mahuawa, P.S. Kateya, Distt. Gopalganj, at present posted and working as panchayat teacher in Govt. Primary School Parsauni, anchal Kateya, Distt. Gopalganj. 6. Sanehlata wife of satyendra Prasad, resident of village Ameya, P.O. Mahuawa, P.S. kateya, Distt. Gopalganj, at present posted and working as panchayat teacher in Govt. Primary School, ameya Purwi, anchal Kateya, Distt. Gopalganj. 7. Sangeeta Kumari wife of Pawan Kumar, resident of village- Sareya ward No.3, P.O. + P.S. + Distt. Gopalganj, at present posted and working as primary teacher in Government Primary School Bhagipatti, Jhil, anchal, Kateya, Gopalganj.......... Petitioners. Versus 1. THE STATE OF BIHAR 2. The Principal- Secretary, Human Resources Development Department, Government of Bihar, Patna. 3. The Director, Primary Education, Bihar, Patna. 4. The Divisional Commissiner, Saran Division at Chapra 5. The District Magistrate, Gopalganj 6. The Subdivisional Officer, Gopalganj, Distt. Gopalganj 7. The Executive Magistrate, Hathua, Distt. Gopalganj. 8. The District Education officer, Gopalganj 9. The District Superintendent of Education, Gopalganj. 10. The Block Development Officer, Kateya, Gopalganj. 11. The Block Education Extension officer, Kateya, Gopalganj 12. The Gram panchayat Raj Ameya, anchal Kate4ya, Gopalganj, represented through its Mukhia. 13. The panchayat Secretary, Gram Panchayat Raj ameya, anchal Kateya, Distt. Gopalganj.............................Respondents. ---------- - 2 - 5 8-12-2008 Advocate for the petitioners:- 1. Sri Tej Bahadur Singh, Sr. Advocate 2. Shri Umesh Kumar Mishra, Advocate. Advocate for the State: Name not supplied. ----------- Heard the parties. In this writ petition the petitioners are Panchayat Teachers appointed under Gram Panchayat , Ameya, Block Kateya, District Gopalganj. They have challenged the directives of District Magistrate, Gopalganj, contained in annexure 4 dated 4-11-2007 and the consequential action by the Block Development officer, Kateya resulting in a public notice for fresh counselling as contained in annexure-7. Both the decisions are under challenge. Today only this court has decided the issues involved in this writ petition also by a judgment and order passed in C.W.J.C. No. 1620 of 2008 and its analogous cases. In this case also the issues are same. On the finding that the District Magistrate, Gopalganj not being the statutory authority, could not have issued directions to the statutory authority, the Block Development officer, Kateya, and also on the basis of undisputed assertions by the petitioners that they were not given any notice or opportunity of show cause, the impugned orders and decisions are quashed. As directed in the other cases, if the concerned parties i.e. the complainant or the authorities are so advised they may prefer appeal against the selection and recruitment process before the competent Committee under the amended Rule 18 of - 3 - Naresh the Bihar Panchayat Elementary Teachers (Appointment and Service Conditions) Rules, 2006. The writ petition is allowed with the aforesaid directions. ( Shiva Kirti Singh,J)