IN THE HIGH COURT OF JUDICATURE AT PATNA -------- LPA No.673 of 2009 ---------- MANISH KUMAR , SON OF JAUHARI PRASAD YADAV, RESIDENT OF VILLAGE+ P.O. KUMARPUR, P.S. + BLOCK- FULLI DUMAR, DISTT.- BANKA. 2. MINU KUMARI, D/O DIWAKAR PRASAD SINGH, RESIDENT OF VILLAGE- MAGHAIYACHAK, P.O. BANHARA, P.S+ BLOCK- KHARAGPUR, DISTT. MUNGER. 3. SANGAM KUMAR SANDHYA, S/O NARAYAN PRASAD, RESIDENT OF VILLAGE- DHUSHRI, P.O. PATH HADA, P.S. + BLOCK- FULLI DUMAR, DISTT.- BANKA. 4. MUKESH KUMAR, S/O LAKSHMI PRASAD YADAV, RESIDENT OF VILLAGE- MIRJAPUR, P.O. CHANGERI, P.S.+ BLOCK- BARAHAT, DISTT. BANKA. 5. KUMARI AKANSHA, D/O MAHENDRA DEO, RESIDENT OF VILLAGE- ITHARI, P.O.+ P.S. + BLOCK- FULLI DUMAR, DISTT- BANKA. 6. KUMAR SAURAV, S/O CHANDRA DEO PRASAD SINGH, RESIDENT OF VILLAGE- HARBANSHPUR, P.O. BYAPUR, P.S. MANER, DISTT.- PATNA. 7.RENU KUMARI, D/O LAKSHMI DAS, RESIDENT OF VILLAGE- DOMO, P.O. KUMARPUR, P.S.+ BLOCK- FULLI DUMAR, DISTT.- BANKA. 8. PUSHPA BHARTI, D/O CHHABI LAL DAS, RESIDENT OF VILLAGE- GHUTHIYARA, P.O. PATH HADA, P.S. + BLOCK- - FULLI DUMAR, DISTT. BANKA. 9. SWETA KUMARI, D/O ARUN KUMAR THAKUR, RESIDENT OF VILLAGE- HARICHAK, P.O. KASHDIH, P.S.+ BLOCK- KAHALGAON, DISTT. BHAGALPUR .................................................... APPELLANTS. Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT, PRIMARY AND ADULT EDUCATION DEPARTMENT, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA. 3. THE DIRECTOR, PRIMARY EDUCATION, PRIMARY AND ADULT EDUCATION DEPARTMENT, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA. 4. THE DISTRICT MAGISTRATE, BANKA, DISTT. BANKA. 5. THE DIRECTOR ACCOUNTS & SELF EMPLOYMENT, BANKA, DISTT. BANKA. 6. THE DISTRICT SUPERINTENDENT OF EDUCATION, BANKA, DISTT. BANKA 7. THE BLOCK DEVELOPMENT OFFICER, FULLY DUMAR,DISTT. BANKA 8. THE BLOCK EDUCATION EXTENSION OFFICER, FULLI DUMAR,DISTT. BANKA 9. THE MUKHIYA, GRAM PANCHAT RAJ- FULLI DUMAR, BLOCK FULLI DUMAR, DISTRICT- BANKA-CUM- CHAIRMAN - 2 - OF THE PANCHAYAT SHIKSHAK SELECTION COMMITTEE, FULLI DUMAR GRAM PANCHAYAT, DISTT. BANKA. 10. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ- FULLI DUMAR, BLOCK- FULLI DUMAR, DISTT. BANKA. 11. PANKAJ KUMAR SINGH, SON OF SRI SUBHASH PRASAD SINGH, RESIDENT OF VILLAGE- DASUA, P.O. KHESAR, P.S. BELAHAR, DISTT. BANKA, PRESENTLY WORKING AS PANCHAYAT SHIKSHAK IN NAVSRIJIT PRIMARY SCHOOL DHAKWA, GRAM PANCHAYAT- FULLI DUMAR, BLOCK- FULLI DUMAR, DISTT. BANKA. 12. VIJAY KUMAR SINGH, SON OF SRI DUKHA PRASAD SINGH, RESIDENT OF VILLAGE- KARHARIA, P.O. KARHARIA, P.S. BATH, DISTT- BHAGALPUR, PRESENTLY WORKING AS PANCHAYAT SHIKSHAK IN NAVSRIJIT PRIMARY SCHOOL, URDWARI, GRAM PANCHAT- FULLI DUMAR, BLOCK- FULLI DUMAR, DISTT. BANKA. 13. MD. AZMAT, SON OF MD. IRFAN, RESIDENT OF VILLAGE- CHONHA BATHAN, P.O. BHITIYA, P.S. FULLI DUMAR, DISTT.- BANKA, PRESENTLY WORKING AS PANCHAYAT SHIKSHAK IN NAVSRIJIT PRIMARY SCHOOL, CHONHA BATHAN, GRAM PANCHAYAT- FULLI DUMAR, BLOCK- FULLI DUMAR,DISTT. BANKA. 14. DILIP KUMAR, SON OF SRI SITABI PRASAD YADAV, RESIDENT OF VILLAGEAND POST FULLI DUMAR, P.S. FULLI DUMAR, DISTT. BANKA, PRESENTLY WORKING AS PANCHAYAT SHIKSHAK IN NAVSRIJIT PRIMARY SCHOOL, JAT KUTIYA, GRAM PANCHAYAT- FULLI DUMAR, BLOCK- FULLI DUMAR, DISTT. BANKA. 15. ROOPAM NITESH, SON OF SRI JAI SHANKAR KUMAR CHOUDHARY, RESIDENT OF VILLAGE- ANAND COLONY, P.O. BANKA, P.S. BANKA, DISTT. BANKA, PRESENTLY WORKING AS PANCHAYAT SHIKSHAK IN NAVSRIJIT PRIMARY SCHOOL, RAJDAH, GRAM PANCHAYAT- FULLI DUMAR, BLOCK- FULLI DUMAR, DISTT. BANKA. 16. GOPI KANT PANDIT, SON OF SRI KISHORI PRASAD PANDIT, RESIDENT OF VILLAGE- DASUA, P.O. KHESAR, P.S. BELAHAR, DISTT. BANKA, PRESENTLY WORKING AS PANCHAYAT SHIKSHAK IN NAVSRIJIT PRIMARY SCHOOL, DHAKWA, GRAM PANCHAYAT- FULLI DUMAR, BLOCK- FULLI DUMAR, DISTT- BANKA. 17. PARMILA KUMARI, DAUGHTER OF BALO PASWAN, RESIDENT OF VILLAGE- MAIDAN, P.O. KHESHAR, P.S. BELHAR, DISTT.- BANKA, PRESENTLY WORKING AS PANCHAYAT SHIKSHAK IN NAVSRIJIT PRIMARY SCHOOL, MURLI BARAN, GRAM PANCHAYAT- FULLI DUMAR, BLOCK- FULLI DUMAR, DISTT. BANKA. 18. JOLLY SUNDARAM, WIFE OF MIRTUNJAY KUMAR PANDIT, RESIDENT OF VILLAGE- BAJRATAL, P.O. KHESHAR, P.S. BELHAR, DISTT. BANKA, PRESENTLY WORKING AS PANCHAYAT SHIKSHAK IN NAVSRIJIT PRIMARY SCHOOL, - 3 - RAJDAH, GRAMPANCHAYAT - FULLI DUMAR, BLOCK- FULLI DUMAR, DISTT. BANKA. 19. CHANDA KUMARI DEVI, DAUGHTER OF JAI NARAIN CHOUDHARY, RESIDENT OF VILLAGE- AND P.O. BHITIYA, P.S. FULLI DUMAR, DISTT. BANKA, PRESENTLY WORKING AS PANCHAYAT SHIKSHAK IN NAVSRIJIT PRIMARY SCHOOL, BANGORA, GRAM PANCHAYAT- FULLI DUMAR, BLOCK- FULLI DUMAR, DISTT. BANKA. 20. ANITA KUMARI, DAUGHTER OF SRI PARMANAND DAS, RESIDENT OF VILLAGE- DHAVA BARAN, P.O. KOJHI, P.S. FULLI DUMAR, DISTT. BANKA, PRESENTLY WORKING AS PANCHAYAT SHIKSHAK IN NAVSRIJIT PRIMARY SC HOOL, URDWARI GRAM PANCHAYAT- FULLI DUMAR, BLOCK- FULLI DUMAR, DISTT. BANKA. 21. MANJU KUMARI, DAUGHTER OF RAM BACHAN SINGH, RESIDENT OF VILLAGE- SARAIYA, P.O. KHURMABAD, P.S. CHENARI, DISTT. ROHTAS, PRESENTLY WORKING AS PANCHAYAT SHIKSHAK IN NAVSRIJIT PRIMARY SCHOOL, BANGORA, GRAM PANCHAYAT- FULLI DUMAR, BLOCK- FULLI DUMAR, DISTT. BANKA. 22. SADA SHIV SHARMA, SON OF JANARDAN SHARMA, RESIDENT OF VILLAGE- MOTIYA, P.O. BELSIRA, P.S. FULLI DUMAR, DISTT. BANKA, PRESENTLY WORKING AS PANCHAYAT SHIKSHAK IN NAVSRIJIT PRIMARY SCHOOL, MURLI BARAN, GRAM PANCHAYAT- FULLI DUMAR, BLOCK- FULLI DUMAR, DISTT. BANKA. 23.RANJIT KUMAR SAH, SON OF SARYUG SAH, RESIDENT OF VILLAGE- RASHIDPUR, P.O. AND P.S. AKBAR NAGAR, DISTT. BHAGALPUR, PRESENTLY WORKING AT PANCHAYAT SHIKSHAK IN NAVSRIJIT PRIMARY SCHOOL, JATKUTIYA, GRAM PANCHAYAT- FULLI DUMAR, DISTT. BANKA RESPONDENTS WITH LPA No.674 of 2009 -------------- 1. KAUSHAL KISHORE SINGH , S/O BIRENDRA PRATAP SINGH, AGED ABOUT 25 YEARS, RESIDENT OF VILLAGE+ P.O. RATA, BLOCK- FULLI DUMAR, P.S. BELHAR, DISTT. BANKA. 2. NEERAJ KUMAR NIRALA, AGED ABOUT 24 YEARS, SON OF SRI BABULAL YADAV, RESIDENT OF VILLAGE- MANJHGAON, P.O. KASBA, BLOCK+ P.S. SHAMBHUGANJ, DISTT. BANKA. 3. MUKESH KUMAR, AGED ABOUT 24 YEARS, SON OF DEVNARAYAN THAKUR, RESIDENT OF VILLAGE + P.O. KUMARPUR, BLOCK + P.S. FULLI DUMAR,DISTT. BANKA. 4. DUBRAJ PRASAD, AGED ABOUT 31 YEARS, SON OF LATE AMBIKA PRASAD, RESIDENT OF VILLAGE- PARAWCHAK, P.O. TELIA NOGAIN, BLOCK- FULLI DUMAR, P.S. AMARPUR, DISTT. BANKA. - 4 - 5. MANVIPUNJ, AGED ABOUT 35 YEARS DAUGHTER OF RAM PRASAD YADAV, RESIDENT OF AT- KHARAUWAN, P.O. RATA, BLOCK- FULLI DUMAR, P-.S. BELHAR, DISTT. BANKA. 6. ANJAY KUMAR SINGH, AGED ABOUT 40 YEARS, SON OF ASHARFFI PRASAD SINGH, RESIDENT OF AT + P.O. KARHARIA, BLOCK- SULTANGANJ, P.S. SULTANGANJ, DISTT. BHAGALPUR. 7. PRATIBHA KUMARI, AGED ABOUT 30 YEARS, D/O SURECH CHANDRA MAHTO, RESIDENT OF VILLAGE- KARHARIA, BLOCK- SULTANGANJ, P.S. ASARGANJ, DISTT. BHAGALPUR. 8. RENU KUMARI, AGED ABOUT 32 YEARS, D/O ARJUN YADAV, RESIDENT OF VILLAGE- BELA, P.O. BELSIRA, BLOCK+ P.S. FULLI DUMAR, DISTT. BANKA. 9. MIKKI RANI , AGED ABOUT 31 YEARS, D/O KUMARESH CHANDRA CHAUDHARY, RESIDENT OF VILLAGE- MOHANPUR, P.O. MEHSOTHA, BLOCK- SHAMBHUGANJ, DISTT. BANKA 10. SUPRIYA, AGED ABOUT 32 YEARS, D/O KUMARESH CHANDRA CHAUDHARI, RESIDENT OF VILLAGE- KATIA, P.O. PUNSIA BAZAR, BLOCK+ P.S. RAJAUN, DISTT. BANKA. 11. RAJESH KUMAR RAVI, AGED ABOUT 30 YEARS, S/O PARMANAND YADAV, RESIDENT OF VILLAGE- BALADEO, ITAHARI, P.O.+ P.S.+ BLOCK- FULLI DUMAR, DISTRICT- BANKA ............................................................... APPELLANTS Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT PRIMARY AND ADULT EDUCATION DEPARTMENT, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA. 3. THE DIRECTOR, PRIMARY EDUCATION, PRIMARY AND ADULT EDUCATION, DEPARTMENT, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA. 4. THE DISTRICT MAGISTRATE, BANKA, DISTT. BANKA. 5. THE DIRECTOR ACCOUNTS & SELF EMPLOYMENT, BANKA,DISTT. BANKA. 6. THE DISTRICT SUPERINTENDENT OF EDUCATION,BANKA,DISTT. BANKA. 7. THE BLOCK DEVELOPMENT OFFICER,FULLI DUMAR,DISTT. BANKA. 8. THE BLOCK EDUCATION EXTENSION OFFICER, FULLI DUMAR,DISTT. BANKA. 9. THE MUKHIYA, GRAM PANCHAYAT RAJ- SOUTH KOJHI, BLOCK- FULLI DUMAR, DISTT.- BANKA-CUM- CHAIRMAN OF THE PANCHAYAT SHIKSHAK SELECTION COMMITTEE, SOUTH KOJHI GRAM PANCHAYAT, DISTT. BANKA. 10. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ SOUTH KOJHI , BLOCK- FULLI DUMAR, DISTT. BANKA..... RESPONDENTS. 11. MR. AJAY KUMAR RAJHANS, SON OF SRI BHOLA PRASAD YADAV, RESIDENT OF VILLAGE- NAVTOLIA, P.O. TELIYA NAVGAIN, P.S. FULLI DUMAR, DISTT. BANKA, PRESENTLY WORKING AS PANCHAYAT SHIKSHAK IN NAVSRIJIT PRIMARY - 5 - SCHOOL, SALAIYA TANTI TOLA, GRAM PANCHAYAT- SOUTH KOJHI, BLOCK- FULLI DUMAR, DISTT. BANKA. 12. ANITA KUMARI, DAUGHTER OF SRI CHANDRA SHEKHAR MANDA, RESIDENT OF VILLAGE- SITARAMPUR, P.O. SULTANGANJ, DISTT. BHAGALPUR, PRESENTLY WORKING AS PANCHAYAT SHIKSHAK IN NAVSRIJIT PRIMARY SCHOOL, TILAHA, GRAMPANCHAT- SOUTH KOJHI, BLOCK FULLI DUMAR, DISTT- BANKA. 13. ARBIND KUMAR, SON OF ANUP LAL YADAV, RESIDENT OF VILLAGE AND P.O. MANJHGAIN, P.S. HAVELI KHARAGPUR, DISTT. MUNGER, PRESENTLY WORKING AS PANCHAYAT SHIKSHAK IN NAVSRIJIT PRIMARY SCHOOL, KUSHAHA, GRAM PANCHAYAT- SOUTH KOJHI, BLOCK- FULLI DUMAR, DISTT. BANKA. 14. KUMARI PRATIMA BHARTI, WOFE OF CHHABILAL DAS, RESIDENT OF VILLAGE- CHHAPARIA DIH, P.O. KOJHI GORA, P.S. BANKA, DISTT. BANKA, PRESENTLY WORKING AS PANCHAYAT SHIKSHAK IN NAVSRIJIT PRIMARY SCHOOL, CHHAPRIA DIH, HARIJAN TOLA, GRAM PANCHAYAT- SOUTH KOJHI, BLOCK- DULLI DUMAR, DISTRICT- BANKA. 15. LALIMA KUMARI, WIFE OF OM KUMAR CHAUDHARY, RESIDENT OF MOHALLA & P.O. BABU TOLA, P.S. BANKA, DISTT. BANKA, PRESENTLY WORKING AS PANCHAYAT SHIKSHAK IN NAVSRIJIT PRIMARY SCHOOL, HAHA, GRAM PANCHAYAT- SOTH KOJHI, BLOCK- FULLI DUMAR, DISTT. BANKA. 16. ARBIND YADAV, SON OF ANANT RAM YADAV, RESIDENT OF VILLAGE- OLANI P.O. KOJHI GORA, P.S. BANKA, DISTT. BANKA, PRESENTLY WORKING AS PANCHAYAT SHIKSHAK IN NAVSRIJIT PRIMARY SCHOOL, PETARHI DULDULI, GRAM PANCHAYAT- SOUTH KOJHI, BLOCK- FULLI DUMAR, DISTT. BANKA. 17. KUMARI ASHA, DAUGHTER OF HIRA PRASAD YADAV, RESIDENT OF VILLAGE- PETARHI, P.O. DUDHARI, P.S. BANKA, DISTT. BANKA, PRESENTLY WORKING AS PANCHAYAT SHIKSHAK IN NAVSRIJIT PRIMARY SCHOOL, HAHA, GRAM PANCHAYAT- SOUTH KOJHI, BLOCK- FULLI DUMAR, DISTT. BANKA. 18. VIVEKANAND PASWAN, SON OF RAMDEO PASWAN, RESIDENT OF VILLAGE- MAIDAN, P.O. KHESHAR, P.S. BELHAR, DISTT. BANKA, PRESENTLY WORKING AS PANCHAYAT SHIKSHAK IN NAVSRIJIT PRIMARY SCHOOL, PETARI DULDULI, GRAM PANCHAYAT- SOUTH KOJHI, BLOCK- FULLI DUMAR, DISTT. BANKA. 19. SHAMIMMUDIN, SON OF NIZAMUDDIN, RESIDENT OF VILLAGE- GORA, P.O. KOJHI GORA, P.S. BANKA, DISTT.- BANKA, PRESENTLY WORKING AS PANCHAYAT SHIKSHAK IN NAVSRIJIT PRIMARY SCHOOL, HATHGARH, GRAM PANCHAYAT- SOUTH KOJHI, BLOCK- FULLI DUMAR, DISTT. BANKA. - 6 - 20. SARITA KUMARI, DAUGHTER OF RAM LAL MANDAL, RESIDENT OF VILLAGE- CHAMPA CHAK, P.S. KASHI CHAK, DISTT. BHAGALPUR, PRESENTLY WORKING AS PANCHAYAT SHIKSHAK IN NAVSRIJIT PRIMARY SCHOOL, PUSAHA, GRAM PANCHAYAT- SOUTH- KOJHI , BLOCK FULLI DUMAR, DISTT. BANKA. 21. SUNITA KUMARI, DAUGHTER OF RAMAYAN SINGH, RESIDENT OF VILLAGE- BAREWA, P.O. MALWAR, P.S. SHIV SAGAR, DISTT. ROHTAS, PRESENTLY WORKING AS PANCHAYAT SHIKSHAK IN NAVSRIJIT PRIMARY SCHOOL, CHHAPARIA-DIH, GRAM PANCHAYAT- SOUTH-KOJHI, BLOCK- FULLI DUMAR, DISTT. BANKA. 22. JULI KUMARI, DAUGHTER OF CHHABINATH SAH, RESIDENT OF VILLAGE- SALAIYA, P.O. KOJHI GORA, P.S. BANKA, DISTT. BANKA, PRESENTLY WORKING AS PANCHAYAT SHIKSHAK IN NAVSRIJIT PRIMARY SCHOOL, SALAIYA TANTI TOLA, GRAM PANCHAYAT- SOUTH KOJHI, BLOCK- FULLY DUMAR, DISTT. BANKA. 23. MEENA KUMARI, DAUGHTER OF RAM SWAROOP YADAV, RESIDENT OF VILLAGE- NAVTOLIA, P.O. TELIYA NAVGAIN, P.S. FULLI DUMAR, DISTT. BANKA, PRESENTLY WORKING AS PANCHAYAT SHIKSHAKIN NAVSRIJIT PRIMARY SCHOOL, DAHIAR TOLA, GORA, GRAM PANCHAYAT- SOUTH KOJHI, BLOCK- FULLI DUMAR, DISTT. BANKA. 24. VIKASH KUMAR, SON OF BINDESHWARI YADAV, RESIDENT OF VILLAGE- KATHEHATAR, P.O. LILATARI, P.S. RAJAUN, DISTT. BANKA, PRESENTLY WORKING AS PANCHAYAT SHIKSHAK IN NAVSRIJIT PRIMARY SCHOOL, TILHA OLHANI, GRAM PANCHAYAT- SOUTH KOJHI, BLOCK- FULLI DUMAR, DISTT. BANKA. 25. MANOJ KUMAR YADAV, SON OF RUDESHWARI PRASAD YADAV, RESIDENT OF VILLAGE- DHAVA, P,O. BHITIYA, P.S. FULLI DUMAR, DISTT. BANKA, PRESENTLY WORKING AS PANCHAYAT SHIKSHAK IN NAVSRIJIT PRIMARY SCHOOL, HATHGARH, GRAM PANCHAYAT- SOUTH KOJHI, BLOCK- FULLI DUMAR, DISTRICT- BANKA..................................................................RESPONDENTS L.P.A. 673 of 2009. FOR THE APPELLANTS ;- MR. RAJENDRA PD.SINGH,SR.ADVOCATGE, MR. RAJEEV KR. SINGH,ADVOCATE FOR THE STATE MR. SHASHI BHUSHAN KR.SC-16 FOR PVT. RESPTS.:- MR. S.B.K. MANGALAM,ADVOCATE. ------------ L.P.A. 674 OF 2009 ------------- FOR THE APPELLANT - M/S RAJENDRA PD.SINGH SR.ADVOCATE, AJEEV KUMAR SINGH,ADVOCATE FOR THE STATE --- MR. SANJAY KUMAR II,(GP.15) ------------------- - 7 - 4 4.1.2010 Both these appeals, being interconnected, were heard analogously and are disposed of by a common order. In these appeals the appellants after obtaining leave have challenged the order dated 31-3-2009 passed by the learned Single Judge in C.W.J.C.No.15547 of 2007 and C.W.J.C.No. 15793 of 2007 whereby he has set aside the order passed by the District Magistrate, Banka as well as the Block Development Officer Fulli Dumar, Block dated 20th November,2007 and 21st.November,2007 respectively. On a perusal of the order passed by the learned Single Judge it is luminous, that he has expressed the view that the District Magistrate has no jurisdiction and the Block Development Officer, who was the competent authority to cancel the appointment passed absolutely an illegal order in four lines stating that on the basis of direction given by the District Magistrate he has passed the order. It is not disputed that the District Magistrate has no jurisdiction to pass such an order. It is settle in law that it is incumbent upon the statutory authority to apply his mind and assign cogent reasons before cancelling the appointment but in the case at hand that has not been done and therefore, the order passed by the learned single Judge is absolutely defendible in this regard. It is however, submitted by learned counsel for the appellants that by virtue of aforesaid order they have been seriously affected. In our considered view the learned Single Judge should have given liberty to the Block Development Authority or the competent - 8 - authority to proceed as per law. We have been apprised at the Bar that the Block Development Officer is not the competent authority at present but the District Teachers Appellate Authority is the competent authority. Thus, liberty is granted to the said authority to proceed as per law after following the principles of natural justice. With the aforesaid modification in the order of the learned Single Judge both the appeals stand disposed of. In the facts and circumstances of the case there shall be no order as to costs. ( Dipak Misra,CJ) ( Shiva Kirtti Singh,J) Naresh