IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17185 of 2008 1. The Gram Panchayat, Khajuria through its Mukhiya Rajendra Singh, at P.O.- Khajuria, District-Bhojpur. 2. Rajendra Singh, son of Late Gorakhnath Singh, Mukhiya, Gram Panchayat and President Bhojpur Zila Mukhiya Sangh, Address: Arrah Buxar Road, Near Mufassil Khajuria Thana, Mahendra Show Room, P.O.- Nawadah (Arrah), District- Bhojpur. 3. The Ijri Gram Panchayat through its Mukhiya Sadanand Dubey, village – Ijri, P.O.-Salempur, District-Bhojpur. 4. Sadanand Dubey, son of Late Sheo Harsh Dubey, Mukhiya Ijri Gram Panchayat and Treasurer Bhojpur Zila Mukhiya Sangh, resident of village + P.O.-Salempur, District-Bhojpur. 5. Hasanpur Gram Panchayat through its Mukhiya Vijay Kumar Singh, At P.O.- Hasanpura, District-Bhojur. 6. Vijay Kumar Singh, son of Late Rameshwar Singh, Mukhiya Hasanpura Gram Panchayat and Block President Arrah Block Mukhiya Sangh, resident of village + P.O.- Alipur, P.S.- Mufassil, District-Bhojpur. 7. Kayam Nagar Gram Panchayat through its Mukhiya Rabindra Kumar, At P.O.-Kayam Nagar, District-Bhojpur. 8. Rabindra Kumar, son of Late Bacchulal, Mukhiya Kayam Nagar Gram Panchayat and Block President Koelwar Block Mukhiya Sangh, village + P.O. – Kayam Nagar, P.S.- Koelwar, District-Bhojpur. 9. The Gram Panchayat Majhiaon through its Mukhiya Tribeni Sah, AT + P.O. Majhiaon, District-Bhojpur. 10. Tribeni Sah, son of Late Sadhu Sah Mukhiya Majhiaon Gram Panchayat and Block President Charpokhari Block Mukhiya Sangh, resident of village – Pandeydih, P.O.-Kumhaila, P.S.- Charpokhari, District-Bhojpur. 11. The Gram Panchayat Barohanpur through its Mukhiya Harischandra Prasad, At P.O. – Barohanpur, District-Bhojpur. 12. Harischandra Prasad, son of Late Rajendra Sah Mukhiya Barohanpur Gram Panchayat and Vice-President Bhojpur District Mukhiya Sangh, resident of village + P.O. – Chamarpur, P.S.-Sahpur, District-Bhojpur. 13. The Gram Panchayat Belauti through its Mukhiya Ashok Ram, At P.O.- Belauti, P.S.-Sahpur, District-Bhojpur. 14. Ashok Ram, son of Sri Mukhi Ram, Mukhiya Belauti Gram Panchayat and Block President Sahpur Block Mukhiya Sangh, 2 resident of village + P.O. – Belauti, P.S.- Sahpur, Dsitrict- Bhojpur. …. …. Petitioners Versus 1. The State of Bihar. 2. The Principal Secretary, Human Resources Development Department, Government of Bihar, Patna. 3. The Project Director, Bihar Shikshak Pariyojna, Bihar, Patna. 4. The District Magistrate, Bhojpur. 5. The District Superintendent of Education, Bhojpur. 6. The Block Officer, Arrah, Bhojpur. 7. The Block Development Officer, Udwant Nagar Block, Bhojpur. 8. The Block Development Officer, Charpokhari Block, Bhojpur. 9. The Block Development Officer, Sahar Block, Bhojpur. 10. The Block Development Officer, Tarari Block, Bhojpur. 11. The Block Development Officer, Piro Block, Bhojpur. 12. The Block Development Officer, Agiaon Block, Bhojpur. 13. The Block Development Officer, Jagdishpur Block, Bhojpur. 14. The Block Development Officer, Sahpur Block, Bhojpur. 15. The Block Development Officer, Boarhara Block, Bhojpur. 16. The Block Development Officer, Koelwar Block, Bhojpur. 17. The Block Development Officer, Bihia Block, Bhojpur. 18. The Block Development Officer, Garahani Block, Bhojpur. 19. The Block Development Officer, Arrah Block, Bhojpur. 20. The Block Development Officer, Sandesh Block, Bhojpur. …. …. Respondents ----------- For the petitioners: Mr. Ashutosh Ranjan Pandey Mr. Anshuman Mr. Ramanand Tiwary, Advocates For the respondents : Mr. S.S. Mishra, JC to GA - V --- P R E S E N T Hon'ble the Chief Justice And Hon'ble Mr. Justice Kishore K. Mandal Dated, the 3rd December, 2008 This writ petition is in the nature of public interest 3 litigation. The grievance centres around appointment of Panchayat Primary Teachers in the Bhojpur district. According to the petitioner, there are 228 Gram Panchayats in the District of Bhojpur and selection of Panchayat Primary Teachers is sought to be made in utter disregard of the provisions contained in Bihar Panchayat Primary Teachers (Appointment and Service Conditions) Rules, 2006 and the amendment in the said rules vide Bihar Panchayat Primary Teachers ( Appointment and Service Conditions) (Amendment) Rules, 2008. It is alleged that the Gram Panchayats are not being permitted to act as per the afore-referred rules in the matter of appointment of Panchayat Primary Teachers. 2. That the State government in exercise of its power conferred under the Bihar Panchayat Raj Act, 2006 and Article 243 G of the Constitution of India has framed Bihar Panchayat Primary Teachers ( Appointment and Service Conditions) Rules, 2006 (for short, ‘Rules, 2006’) is not in dispute. There are two categories of Panchayat Primary Teachers, namely, (one) Block Teachers and (two) Panchayat Teachers as per Rule 3. Rule 4 provides that employment of Block Teachers shall be done by Panchayat Samiti while employment of Panchayat Primary Teachers shall be effected by Gram Panchayat. Rule 4 further provides for preparation of different panels of trained and untrained Block Teachers as well as 4 Panchayat Primary Teachers. Rule -5 sets out the details of reservation , inter alia, in the appointment of Panchayat Primary Teachers. The eligibility of teachers is provided in Rule 8 including educational qualification as well as minimum and maximum age. The procedure for employment is provided in Rule 9. According to this rule, the Gram Panchayat shall provide the number of Panchayat Primary Teachers to be employed and the vacancies shall be published at least for fifteen days. It also provides for preparation of panel by a committee headed by Mukhiya of Gram Panchayat. 3. Rules, 2006 have been amended by Amendment by Bihar Panchayat Primary Teachers (Appointment and Service Conditions) (Amendment) Rules 2008 (for short, ‘Amendment Rules, 2008’), which came into effect on 25th August, 2008. The amendment is effected in Rules 4(2), 5, 8, 9 and few other rules. 4. It needs no emphasis that the selection of Panchayat Primary Teachers has to be made in accord and in conformity with the provisions contained in Rules, 2006 as amended by Rules, 2008. No departure or deviation in the process of selection is permissible. This is necessary to ensure that the selection of Panchayat Primary Teachers is made objectively based on merit sans favoritism. This is equally applicable to the selection of Panchayat Primary Teachers for the District of Bhojpur and all authorities have to abide by such 5 procedure. 5. With the aforesaid observations, we are satisfied that no further order needs to be passed in this public interest litigation. It is disposed of accordingly. R. M. Lodha, CJ. Kishore K. Mandal, J. Neyaz/-