IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12510 of 2007 Anita Kumari W/o Vinay Kumar Roy of village Madhopur, P.S. Pandaul, Dist. Madhubani. Versus 1.The State Of Bihar. 2.The Secretary, H.R.D., Govt. of Bihar, Vikash Bhawan, Patna. 3.D.M. Madhubani, Dist. Madhubani. 4.S.D.O., Madhubani, Dist. Madhubani. 5.B.D.O., Pandaul, Dist. Madhubani. 6.Block Education Officer (B.E.O.) Pandaul, Dist. Madhubani. 7.Tripit Prasad, Panchayat Sevak cum Member of Education Committee of Dahiwat Madhopar Panchayat (West). 8.Mukhiya cum Chairman of Education Committee, Dahiwat Madhopur Panchayat (West). 9.Kumari Vandana W/o Rakesh Kumar Roy, village Madhopur, P.O. D. Nathwan, Dist. Madhopur. 10.Baby Kumari W/o Vinoy Chandra Jha, Vill & P.O. Birsair, Dist. Madhubani. with CWJC No.12525 of 2007 Ratneshwar Kumar Tiwari Son of Sri Krit Narayan Tiwari, resident of village Chamhi, P.O. Kapoor Pakari, P.S. Sikarganj, Dist. East Champaran. Versus 1.The State Of Bihar. 2.Secretary, Primary, Secondary and Adult Education, Govt. of Bihar, Patna. 3.District Magistrate, East Champaran. 4.District Superintendent of Education, East Champaran. 5.Block Development Officer, Chiraiyan, Est Champaran. 6.Block Education Extension Officer, East Champaran. 7.Headmaster, Govt. Middle School, Kapoor Pakari, Chiraiyan, East Chamaparan. 8.Ram Prabha Devi, Mukhiya, Kapoor Pakari Gram panchayat, Dist. East Champaran. with CWJC No.12534 of 2007 Sarawan Kumar son of Late Ramdhani Saw, resident of village Aliganj, P.S. Chandra deep, Dist. Jamui. Versus 1.The State Of Bihar. 2.The District Magistrate, Jamui. 3.The District education Officer, Jamui. 4.Mukhiya, Gram Panchayat Raj Darkha, Dist. Nawada. 5.The Block Development Officer, Aliganj, Jamui. 6.Madhu Ranjan son of Sri Ramji Singh, resident of village Mafi, P.O. Warsaliganj, P.S. Warsaliganj, Dist. Nawadah. with CWJC No.12548 of 2007 Bibha Kumari Wife of Shri Sanjay Kumar Yadav, Resident of village Korian, P.S. Asarganj, Dist. Munger. 2 Versus 1.The State Of Bihar. 2.The Commissioner cum Principal Secretary, Department of Human Resources, Govt. of Bihar, Patna. 3.The Director, Primary Education, Govt. of Bihar, patna. 4.The Commissioner, Munger Division, Munger. 5.The District Magistrate, Munger. 6.The District Superintendent of Education, Munger. 7.The Sub-Divisional Magistrate, Tarapur, Munger. 8.The Block Development Officer, Tarapur, Munger. 9.The Mukhiya, Siyna Gram Panchayat, Asarganj Block, Munger. 10.The Panchayat Secretary, Sujna Gram Panchayat, Asarganj Block, Munger. 11.Kumari Sadhana Wife of Anil Kumar Yadav, resident of village Sujna, P.S. Asarganj, Dist. Munger. with CWJC No.12579 of 2007 1.Mithilesh Kumar son of Baidyanath Mahto Resident of village Gangapur, P.S. Mushrigharari, Dist. Samastipur. 2.Ajay Kumar son of Shivnath Mahto Resident of Village Gangapur, P.S. Mushrigharari, Dist. Samastipur. Versus 1.The State Of Bihar. 2.The Secretary, Primary Education Department, Bihar, Patna. 3.The District Magistrate, Samastipur. 4.Block Development Officer, Sarairanjan, Samastipur. 5.Gram Panchayat Secretary, Sarairanjan Block, Dist. Samastipur. 6.Mukhiya, Sarairanjan Block, Dist. Samastipur. 7.Dinesh Kumar son of Kuldeep Rai, Resident of village Gangapur, P.S. Mushrigharari, Dist. Samastipur. 8.Chandeshwar mahto son of Ramdeo Mahto, Resident of Mohalla Jitwarpur Kumhia, P.S. Sarairanjan, Dist. Samastipur. with CWJC No.12601 of 2007 Raja Ram Prasad Shaw, aged about 32 years, son of Sri Bhagwat Pd. Shaw, resident of village Mananpur Bazar, P.S. Chanan, Dist. Lakhisarai. Versus 1.The State Of Bihar. 2.The District Magistrate, Lakhisarai, Dist. Lakhisarai. 3.The D.S.E., Lakhisarai, Dist. Lakhisarai. 4.The Block Development Officer, Block Chanan (Mananpur), Dist. Lakhisarai. 5.The Block Education Extension Officer, Chanan (Mananpur), Dist. Lakhisarai. 6.Mukhiya of Panchayat, Bhalui Panchayat, Block Chanan, P.S. Chanan, Dist. Lakhisarai. 7.Panchayat Sewak, Bhalui Panchayat, Block Chanan, P.S. Chanan, Dist. Lakhisarai. with CWJC No.12609 of 2007 3 Naresh Kumar Mehta son of Late Bindeshwari Prasad Mehta resident of village Satkodarya, P.S. K. Nagar, Dist. Purnea. Versus 1.The State Of Bihar. 2.The Secretary, Human Resource Deptt. New Secretariat, Bailey Road Patna. 3.The Deputy Development Commissioner, Purnea. 4.The District Magistrate, Purnea. 5.The Regional Deputy Director of Education, Purnea. 6.The District Education Officer, Purnea. 7.The District Superintendent of Education, Purnea. 8.Block Education Extension Officer, K. Nagar, Purnea. 9.Block Development Officer, K. Nagar, Purnea. 10.Mukhiya, Gram Panchayat Satkodarya K. Nagar, Purnea. 11.Panchayat Secretary, Gram Panchayat Satkodarya, K. Nagar, Purnea. 12.Anil Kumar Singh son of Late Saryug Singh resident of village Satkodarya, P.S. K. Nagar, Dist. Purnea. with CWJC No.12616 of 2007 Chunmun S/o Vijay Kumar, resident of village Paharpur, P.O. & P.S. Amnour, Dist. Saran. Versus 1.The State Of Bihar. 2.The Commissioner, Saran, Divisiion. 3.The District Magistrate, Saran. 4.The District Superintendent of Education, Saran. 5.The Sub Divisional Officer, Sadar, Saran. 6.The Block Development Officer, Amnour, Saran. 7.The Block Education Officer, Amnour, Saran. 8.The Mukhiya Gram Panchayat Raj, Amnour Kalyan, Saran. 9.The Panchayat Secretary, Gram Panchayat Raj, Amnour Kalyan, Saran. 10.Sujeet Kumar Singh S/o Raj narayan Singh, resident of village Sahadi, P.O. Puraina, P.S. Amnour, Dist. Saran. 11.Dhananjay Kumar Singh S/o Vishwanath Singh, resident of village Parmanand, P.O. Bangla, P.S. Amnour, Dist. Saran. 12.Rinku Kumari D/o Baleshwar Singh, resident of village Paharpur, P.O. Paharpur, P.S. Amnour, Dist. Saran. 13.Kanchan Kumari D/o Surendra Prasad, resident of village Amnour Sultan Jan, P.O. & P.S. Amnour, Dist. Saran. 14.Sada Shiv Singh S/o Late Dinanath Singh, resident of village Goshi Amnour, P.O. & P.S. Amnour, Dist. Saran. with CWJC No.12639 of 2007 Suman Kumari, W/o Om Prakash Kumar Srivastava @ Sanjay Kumar Srivastava, resident of village + Post + P.S. Sangrampur, Dist. East Champaran. Versus 1.The State Of Bihar through the Commissioner cum Secretary, Human Resources Development Department, Bihar, Patna. 2.The District Magistrate, East Champaran at Motihari. 4 3.The District Superintendent of Education, Dist. East Champaran at Motihari. 4.The Block Development Officer, Block Office Sangrampur, Dist. East Champaran. 5.The Block Education Extension Officer, Block Officer Sangrampur, Dist. East Champaran 6.The Mukhiya Gram Panchayat Raj, Sangrampur. Village Sangrampur, P.S. Sangrampur, Dist. East Champaran 7.The Panchayat Secretary cum Panchayat Sevak, Panchayat Sukh Suvidha Samiti Panchayat Sangrampur, Dist. East Champaran 8.Shashi Bala Kumari, W/o Sri Prabhakar Pandey, resident of Village Sangrampur Imaliya tola, P.O. & P.S. Sangrampur, Dist. East Champaran. with CWJC No.12677 of 2007 Ratan Kumar Ram, son of Sri Gonoor Ram, resident of Gram Kerma, Panchayat Karmadih, P.S. Kudhari, Dist. Muzaffarpur. Versus 1.The State Of Bihar. 2.Djeputy Development Commissioner, Muzaffarpur. 3.District Magistrate, Muzaffarpur. 4.Block Development Officer, Muzaffarpur. 5.Block Education Extension Officer, Muzaffarpur. 6.Head Master, Rajkiya Primary School, Kerma Tole, Ghusukaur, Dist. Muzaffarpur. with CWJC No.12747 of 2007 Arunesh Pandey S/o Late Bhagwat Pandey, resident of village Khaira Khurd, P.S. Gobindpur, Dist. Nawada. Versus 1.The State Of Bihar. 2.District Magistrate, Nawada. 3.Sub-Divisional Officer, Nawada. 4.District Superintendent of Education, Nawada. 5.Block Development Officer, Gobinpur, Nawada. 6.Block Education Extension Officer, Gobinpur under Dist. Nawada. 7.Panchayat Sachiv Gram Panchayat Bhawanipur, Block Gobinpur under Dist. Nawada. 8.Sri Ambika Prasad yadav, Mukhiya Gram Panchayat Bhanipur, Block Bobinpur, Dist. Nawada. 9.Santosh Kumar S/o Jagat Kishore Prasad (Respondent No. 7), resident of Village Chamarbigha, P.S. Rajauli, Dist. Nawada. 10.Sajana Kumari W/o Sri Manoj Verma, resident of Village Surhi, P.S. Gobinpur, Dist. Nawada. with CWJC No.12748 of 2007 Shiv Chandra Singh @ Shiv Kumar Singh son of Sri Devlal Singh, resident of Village Dharamdaspur, P.S. Desari, Dist. Vaishali. Versus 1.The State Of Bihar through the Human Resources Department Govt. of Bihar, Patna. 5 2.The Director, Secondary Education, Govt. of Bihar, Patna. 3.The District Magistrate, Vaishali at Hajipur. 4.The District Superintendent of Education, Vaishali at Hajipur. 5.The District Education Officer, Vaishali at Hajipur. 6.The Block Development Officer, Block Sahdei Bujurg, P.S. Sahdei Bujurg, Dist. Vaishali. 7.The Block Education Extension Officer, Block Sahdei Bujurg, P.S. Sahdei Bujurg, Dist. Vaishali. 8.The Mukhia (namely Lal Babu Paswan son of not know) Gram Panchayat Raj, Zafarabad, P.S. Desari, Dist. Vaishali. 9.The Secretary (namely Birendra Rai son of not known) Gram Panchayat Raj, Zafarabad, P.S. Desari, Dist. Vaishali. 10.The Observer, (namely Raj Kishore Singh son of not known) Sukh Subidha Committee for selection of Panchayat Sikshak, Gram Panchayat Raj, Zafarabad, P.S. Desari, Dist. Vaishali. 11.Anjani Kumar Singh son of Ram Adhar Singh, Panchayat Sikshak, Navasthapit Prathmik Viddyalay Khoksa Kalyan Under Gram Panchayat Raj, Zafarabad, P.S. Desari, Dist. Vaishali. with CWJC No.12749 of 2007 Md.Tabarak Hussain, son of Md. Hamid Sai, resident of village Bishunpur, Post Amwa, P.S. Jharokhar (ghora sahan), Dist. East Champaran. Versus 1.The State Of Bihar. 2.Secretary, Department of Human Resources, Govt. Bihar, Patna. 3.Secretary, Department of Welfare, Govt. Bihar, Patna. 4.District Magistrate, East Champaran at Mothihar. 5.Deputy Development Commissioner, East Champaran at Mothihar. 6.District Superintendent of Education, East Champaran at Mothihar. 7.Block Development Officer, Ghora Sahan, Dist. East Champaran. 8.Secretary, Bishunpur Gram Panchayat, P.O. Amwa, P.S. Jharokhar (Ghora Sahan) Dist. East Champaran. 9.Mukhia Bishunpur Gram Panchayat, P.O. Amwa, P.S. Jharokhar (Ghora Sahan) Dist. East Champaran. 10.Principal, Madhyamik Vidyalaya, Amwa, P.S. Jharokhar (Ghora Sahan) Dist. East Champaran. .... Respondents 1st Set. 11.Saroj Kumar son of Sri Hira Lal Prasad resident of villge Nagarwa Tola, P.S. Jharokhar (Ghora Sahan) Dist. East Champaran. .... Respondent 2nd Set. with CWJC No.12751 of 2007 Anil Kumar Verma, son of Sri Rajendra Prasad, resident of village Dhanbah, P.O. Mananpur, P.S. Chanan, Block Chanan (Mananpur), Dist. Lakhisarai. Versus 1.The State Of Bihar. 2.The District Magistrate, Lakhisarai, Dist. Lakhisarai. 6 3.The D.S.E., Lakhisarai, Dist. Lakhisarai. 4.The Block Development Officer, Block Chanan (Mananpur), Dist. Lakhisarai. 5.The Block Education Extension Officer, Chanan (Mananpur), Dist. Lakhisarai. 6.Mukhiya of Panchayat, Janakidih Panchayat, Block Chanan, P.S. Chanan, Dist. Lakhisarai. 7.Panchayat Sewak, Janakidih Panchayat, Block Chanan, P.S. Chanan, Dist. Lakhisarai. with CWJC No.12753 of 2007 1.Rekha Kumari, wife of Shri Shyam Sundar Prasad, resident of village + Post Jagai, P.S. Ekangarsarai, Dist. Nalanda. 2.Sarita Kumari, wife of Shri Krishna Prasad, resident of village Livari, P.S. Telhara, Dist. Nalanda. 3.Arjun Kumar, daughter of Basudev Prasad, resident of village Naviganj, P.S. Ekangarsarai, Dist. Nalanda. 4.Renu Kumari, wife of Late Balakeshwar Singh, resident of village Saidpur, P.S. Telhara, Dist. Nalanda. 5.Rajesh Agrawal, son of Shri Krishana Noniya, resident of village Chandapur, P.S. Telhara, Dist. Nalanda. 6.Raj Kumar Chandhari, son of Shri Ram Chandra Chaudhari, resident of village Nishanpura, P.S. Telhara, Dist. Nalanda. 7.Arbind Kumar, son of Ram Khelawan Prasad, resident of village Karanganj, P.S. Ekangersarai, Dist. Nalanda. 8.Mithalesh Mochi, Son of Prasadi Mochi, resident of Oriyama, P.S. Ekangersarai, Dist. Nalanda. 9.Jay Prakash Narayan, son of Late Tripit Narayan, resident of village Shivdat Bigha, P.S. Ekangersarai, Dist. Nalanda. 10.Lalit Kumar, son of Shri Tapeshwar Roy, resident of village Dharamabigha, P.S. Ekangersarai, Dist. Nalanda. 11.Manoj Ravidas, son of Dasu Ravidas, resident of village Raghisa, P.S. Ekangersarai, Dist. Nalanda. Versus 1.The State Of Bihar. 2.Principal Secretary, Human Resources Development Department, Bihar, Patna. 3.The Director, Primary Education, Bihar, Patna. 4.The District Magistrate, Nalanda. 5.The District Superintendent of Education, Nalanda. with CWJC No.12768 of 2007 Deepak Kumar Mishra S/o Namo Narayan Mishra, resident of village Kodarkatt, P.S. Bathnaha, Dist. Sitamarhi. Versus 1.The State Of Bihar. 2.The Commissioner-cum-Secretary, Human Resources Development Department, Bihar, Patna. 3.The District Magistrate, Sitamarhi. 4.The District Superintendent of Education, Sitamarhi. 5.The Block Education Extension Officer, Bokhra, Sitamarhi. 6.The Block Development Officer, Bokhra, Sitamarhi. 7 7.The Mukhiya Gram panchayat Raj Kharka Basant (North) Block Bokhra, Sitamarhi. 8.The Headmaster, Govt. Primary School Goglaktole, Bokhra Sitamarhi. 9.The Panchayat Secretary, Panchayat Raj Kharka Basant (North), Bokhra, Sitamarhi. 10.Ram Bhajan Mahto S/o Jago Mahto, Resident of Naya Tola, P.S. Manpur, Dist. Sitamarhi. with CWJC No.12772 of 2007 Prem Kumar, S/o Sri Parshuram Singh, Vill.+Post – Manjosh, P.S. Sikandra, Dist. Jamui, PIN-811315. Versus 1.The State Of Bihar. 2.Secretary and Commissioner, Commissioner-cum-Secretary, Human Resources Development Department, Govt. of Bihar, Patna. 3.Director, Primary Education, Govt. of Bihar, Patna. 4.Commissioner, Munger Comissionary, Munger. 5.D.E.O., Lakhisarai 6.D.E.O., Sheikhpura. 7.D.E.O., Jamui. 8.District Superintendent of Education, Jamui. 9.B.D.O., Jhajha, Dist. Jamui. 10.B.D.O., Sikandara. 11.B.D.O., Sono, Dist. Jamui. 12.B.D.O., Khaira, Dist. Jamui. 13.B.D.O., Aliganj, Dist. Jamui. 14.B.D.O., Gidhour, Dist. Jamui. 15.B.D.O., Chakai, Dist. Jamui. with CWJC No.12790 of 2007 Jayant Kumar, son of Sri Ram Bilas Bhagat, resident of Village Ahiyapur, P.S. Sahebganj, Dist. Muzaffarpur. Versus 1.The State Of Bihar. 2.The Secretary, 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, Muzaffarpur, Dist. Muzaffarpur. 5.The District Superintendent of Education, Muzaffarpur, Dist. Muzaffarpur. 6.The Block Development Officer, Sahebganj, Dist. Muzaffarpur. 7.The Block Education Extension Officer, Sahebganj, Dist. Muzaffarpur. 8.The Panchayat Secretary, Gram Panchayat Raj, Ahiyapur, Block Sahebganj, Dist. Muzaffarpur. 9.Ravi Kumar, son of Sri Sugreev Rai, resident of village Ahiyapur, P.S. Sahebganj, Dist. Muzaffarpur, presently working as Panchayat Shikshak in primary School Bhathandi, Anchal Sahebganj, Dist. Muzaffarpur. with 8 CWJC No.12798 of 2007 Naresh Narayan Pandey, son of Late Suryadev Pandey, resident of village Nazirpur, P.S. Rahika, Dist. Madhubani. Versus 1.The State Of Bihar. 2.Commissioner cum Secretary, Commissioner-cum-Secretary, Human Resources Development Department, Govt. of Bihar, Patna. 3.The Director, Primary Education, Govt. of Bihar, Patna. 4.The Director, State Council of Education Research and Training, Bihar, Mahendru, Patna-800006. 5.The District Education Officer, Madhubani. 6.The District Superintendent of Education, Madhubani. 7.The Block Development Officer, Rajnagar. 8.The Block Education Extension Officer, Rajnagar. 9.The Panchayat Secretary, Mangrauni Panchayat, Rajnagar, Madhubani. with CWJC No.12815 of 2007 Binod Kumar Ram, son of Jagdish Ram, resident of village Jamsum, P.S. Pandaul, Dist. Madhubani. Versus 1.The State Of Bihar. 2.The Commissioner cum Secretary, Commissioner-cum-Secretary, Human Resources Development Department, Govt. of Bihar, Patna. 3.The Director, Primary Education, Govt. of Bihar, Patna. 4.The District Magistrate, Madhubani, Dist. Madhubani. 5.The District Superintendent of Education, Madhubani. 6.The Block Development Officer, Pandaul, Dist. Madhubani. 7.The Head Master Government Primary School Dhauns, Dist. Madhubani. 8.The Mukhiya of the Gram panchayat Raj Pandaul (East), Dist. Madhubani. 9.The Secretary Gram Panchayat Raj Pandaul (East), Dist. Madhubani. ----------- 2. 15.7.2011 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 9 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 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 10 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 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 eight 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 11 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 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. (Mihir Kumar Jha,J.) Surendra/