IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.9273 OF 2007 CHHOTELAL PASWAN SON OF AKALU PASWAN, RESIDENT OF VILLAGE TETUA, P.S. CHAND, DIST. KAIMU. ….PETITIONER VERSUS 1.THE STATE OF BIHAR. 2.THE JOINT SECRETARY, DEPARTMENT OF EDUCATION, BIHAR, PATNA. 3.THE COLLECTOR, KAIMUR. 4.THE DISTRICT SUPERINTENDENT, KAIMUR. 5.THE BLOCK DEVELOPMENT OFFICER, CHAND, DIST. KAIMUR. 6.THE BLOCK EDUCATION EXTENSION OFFICER, CHAND BLOCK, DIST. KAIMUR. 7.THE MUKHIA, BHARARI KALA GRAM PANCHAYAT, P.S. CHAND, DIST. KAIMUR. 8.CHOT PASWAN ALIAS CHOTU PASWAN SON OF RAJENDRA PASWAN, RESIDENT OF VILLAGE NINDAUR, P.S. CHAND, DIST. KAIMUR. ….RESPONDENTS WITH CWJC NO.9243 OF 2007 1.MUKESH KUMAR SINGH SON OF BHIM SINGH RESIDENT OF VILLAGE BALAITHA, P.S. BELDAUR DIST. KHAGARIA. 2.VEENA KUMARI D/O DEEN DAYAL JAISWAL, RESIDENT OF ASHRAM TOLA (EAST BARI NAGAR), P.S. BARARI, DIST. KATIHAR. 3.MAMTA KUMARI W/O NITESH KUMAR, RESIDENT OF BARI NAGAR (ASHRAM TOLA) BARARI, DIST. KATIHAR. 4.MD. NISHAT AHMAD SON OF ABDUL RAZZAK RESIDENT OF VILLAGE NARARI MUSLIM TOLA HASIMPUR, P.S. BARARI, DIST. KATIHAR. ….PETITIONERS VERSUS 1.THE STATE OF BIHAR THROUGH THE SECRETARY DEPARTMENT OF HUMAN RESOURCES, GOVT. OF BIHAR, PATNA. 2.THE DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA. 3.THE DISTRICT MAGISTRATE CUM COLLECTOR, KATIHAR. 4.THE DEPUTY DEVELOPMENT COMMISSIONER, KATIHAR. 5. THE DISTRICT SUPERINTENDENT OF EDUCATION, KATIHAR. 6. THE BLOCK DEVELOPMENT OFFICER, BARARI, DIST. KATIHAR. 2 7.THE LAXMIPUR PANCHAYAT SHIKSHAK APPOINTMENT COMMITTEE THROUGH ITS CHAIRMAN, P.S. BARARI, DIST. KATIHAR. 8.THE MUKHIYA, GRAM PANCHAYAT LAXMIPUR, P.S. BARARI, DIST. KATIHAR. ….RESPONDENTS WITH CWJC NO.9292 OF 2007 PRADIP KUMAR BAITHA, S/O DHARAM NATH BAITHA, RESIDENT OF VILLAGE KISHUNPUR, P.O. BHATHA SONAHO, P.S. BHELDI, DIST. SARAN AT CHAPRA. ….PETITIONER 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, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA. 4.THE DIVISIONAL COMMISSIONER, SARAN DIVISION AT CHAPRA. 5. THE DISTRICT MAGISTRATE SARAN AT CHAPRA, DIST. SARAN AT CHAPRA. 6. THE DISTRICT SUPERINTENDENT OF EDUCATION, SARAN AT CHAPRA, DIST. SARAN AT CHAPRA. 7. THE BLOCK DEVELOPMENT OFFICER, AMNOUR, DIST. SARAN AT CHAPRA. 8.THE MUKHIYA GRAM PANCHAYAT RAJ, DHORLAHI KAITHAL, BLOCK AMNOUR, DIST. SARAN AT CHAPRA. 9.THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ, DHORLAHI KAITHAL, BLOCK AMNOUR, DIST. SARAN AT CHAPRA. ….RESPONDENTS WITH CWJC NO.9300 OF 2007 AJAY KUMAR RAI S/O SRI RAJBALI RAI RESIDENT OF VILLAGE INAYATPUR DHAMAUN, P.S. PATORI, DIST. SAMASTIPUR. ….PETITIONER VERSUS 1.THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA. 2. DISTRICT MAGISTRATE, SAMASTIPUR. 3. BLOCK DEVELOPMENT OFFICER, BLOCK PATORI, DIST. SAMASTIPUR. 4. BLOCK EDUCATION EXTENSION OFFICER, BLOCK PATORI, DIST. SAMASTIPUR. 5. RAMESHWAR SHARMA, PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ DAKSHANI DHAMANU, BLOCK PATORI, DIST. SAMASTIPUR. 3 6.AJAY KUMAR VIJAY, MUKHIYA GRAM PANCHAYAT RAJ DAKSHANI DHAMAUN, BLOCK PATORI, DIST. SAMASTIPUR. ….RESPONDENTS WITH CWJC NO.9311 OF 2007 MD.ABDUR RUB, S/O MD. ILYAS, RESIDENT OF VILLAGE NISTA (BAGHWA), P.S. KADWA, DIST. KATIHAR. ….PETITIONER VERSUS 1.THE STATE OF BIHAR THROUGH THE SECRETARY/COMMISSIONER, DEPARTMENT OF HUMAN RESOURCE, GOVT. OF BIHAR, PATNA. 2. SECRETARY/COMMISSIONER, DEPARTMENT OF HUMAN RESOURCE, GOVT. OF BIHAR, PATNA. 3.THE DISTRICT MAGISTRATE, KATIHAR, DIST. KATIHAR. 4.THE DISTRICT EDUCATION OFFICER, KATIHAR. 5.DEPUTY DEVELOPMENT COMMISSIONER, DIST. KATIHAR. 6. THE DISTRICT SUPERINTENDENT OF EDUCATION, KATIHAR. 7.THE BLOCK EDUCATION EXTENSION OFFICER, KADWA BLOCK, KADWA, DIST. KATIHAR. 8.MUKHIYA GRAMPANCHAYAT NISTA, BLOCK KADWA, DIST. KATIHAR. 9.THE PANCHAYAT SECRETARY, NISTA PANCHAYAT, KADWA BLOCK, DIST. KATIHAR. 10. BLOCK DEVELOPMENT OFFICER, KADWA BLOCK, DIST. KATIHAR. ….RESPONDENTS WITH CWJC NO.9361 OF 2007 MD. HANIF, S/O SK. NAYAZUDDIN, RESIDENT OF VILLAGE NISTA (BAGHWA), P.S. KADWA (BALIABELONE), DIST. KATIHAR. ….PETITIONER VERSUS 1.THE STATE OF BIHAR THROUGH THE SECRETARY/COMMISSIONER, DEPARTMENT OF HUMAN RESOURCE, GOVT. OF BIHAR, PATNA. 2. SECRETARY/COMMISSIONER, DEPARTMENT OF HUMAN RESOURCE, GOVT. OF BIHAR, PATNA. 3.THE DISTRICT MAGISTRATE, KATIHAR, DIST. KATIHAR. 4.THE DISTRICT EDUCATION OFFICER, KATIHAR. 5.DEPUTY DEVELOPMENT COMMISSIONER, DIST. KATIHAR. 6. THE DISTRICT SUPERINTENDENT OF EDUCATION, KATIHAR. 7.THE BLOCK EDUCATION EXTENSION OFFICER, KADWA BLOCK, KADWA, DIST. KATIHAR. 4 8.MUKHIYA GRAMPANCHAYAT NISTA, BLOCK KADWA, DIST. KATIHAR. 9.THE PANCHAYAT SECRETARY, NISTA PANCHAYAT, KADWA BLOCK, DIST. KATIHAR. 10. BLOCK DEVELOPMENT OFFICER, KADWA BLOCK, DIST. KATIHAR. ….RESPONDENTS WITH CWJC NO.9387 OF 2007 DILIP KUMAR DINKAR S/O JAIKISHORE ROY, RESIDENT OF VILLAGE PIPRA BISHO, P.S. BARURAJ, DIST. MUZAFARPUR. ….PETITIONER VERSUS 1.THE STATE OF BIHAR. 2.THE COMMISSIONER-CUM-SECRETARY, HUMAN RESOURCE DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA. 3.THE DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA. 4. THE DISTRICT MAGISTRATE, MUZAFFARPUR. 5. THE DISTRICT SUPERINTENDENT OF EDUCATION, MUZAFFARPUR. 6.THE BLOCK DEVELOPMENT OFFICER, MOTIPUR, DIST. MUZAFFARPUR. 7. THE BLOCK EDUCATION EXTENSION OFFICER, MOTIPUR, DIST. MUZAFFARPUR. 8.THE MUKHIYA, GRAM PANCHAYAT BANSGHAT, BLOCK MOTIPUR, DIST. MUZAFFARPUR. 9.PANCHAYAT SECRETARY, GRAM PANCHAYAT BANSGHAT, BLOCK MOTIPUR, DIST. MUZAFFARPUR. 10.THE HEADMASTER, SHITAL SEMRA PRIMARY SCHOOL, BANSGHAT, BLOCK MOTIPUR, DIST. MUZAFFARPUR. 11.THE SCHOOL SECRETARY, GOVT. MIDDLE SCHOOL, SHITALPUR, BLOCK MOTIPUR, DIST. MUZAFFARPUR. 12.RAJESH KUMAR S/O JAILAL PRASAD YADAV, RESIDENT OF VILLAGE PIPRA BISHO, P.S. BARURAJ, DIST. MUZAFFARPUR. ….RESPONDENTS WITH CWJC NO.9389 OF 2007 KUMARI NIKEE BHARTI D/O RAM SAGAR PRASAD, RESIDENT OF VILLAGE GILANI, P.O. GILANI, P.S. SARE, DIST. NALANDA. ….PETITIONER VERSUS 1.THE STATE OF BIHAR. 2.THE DISTRICT MAGISTRATE, NALANDAL. 3.THE SUB-DIVISIONAL OFFICER, BIHARSHARIF. 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, NALANDA, BIHARSHARIF. 5 5. THE BLOCK DEVELOPMENT OFFICER, ASTHAWAN, BIHARSHARIF, NALANDA. 6. THE BLOCK EDUCATION EXTENSION OFFICER, ASTHAWAN, NALANDA. 7.THE MUKHIYA GRAM PANCHAYAT, GILANI, ASTHAWAN, NALANDA. ….RESPONDENTS WITH CWJC NO.9424 OF 2007 SMITA ANAND W/O SRI BAGESH KUMAR, RESIDENT OF VILLAGE JAGNI MILIK, P.O. BANELI, P.S. K. NAGAR, DIST. PURNEA. ….PETITIONER VERSUS 1.THE STATE OF BIHAR. 2.THE COMMISSIONER CUM SECRETARY, HUMAN RESOURCES DEPARTMENT, BIHAR, PATNA. 3. THE DISTRICT MAGISTRATE, PURNEA. 4. THE BLOCK EDUCATION EXTENSION OFFICER, K. NAGAR, P.S. K. NAGAR, DIST. PURNEA. 5.GRAM PANCHAYAT RAJ POTHIYA, RAMPUR, BLOCK & P.S. K. NAGAR, DIST. PURNEA THROUGH ITS PANCHAYAT SECRETARY. 6.MUKNIYA GRAM PANCHAYAT RAJ POTHIYA RAMPUR, BLOCK & P.S. K. NAGAR, DIST. PURNEA. 7.PANCHAYAT SECRETARY GRAM PANCHAYAT RAJ, POTHIYA RAMPUR, BLOCK & P.S. K. NAGAR, DIST. PURNEA. 8.RITU RAJ BASANT D/O NAME NOT KNOWN TO THE PETITIONER, PANCHAYAT SHIKSHAK, GOVT. PRIMARY SCHOOL, PRASADPUR, AT BELDARI, P.S. K. NAGAR, DIST. PURNEA. ….RESPONDENTS WITH CWJC NO.9425 OF 2007 KIRAN DEVI @ KIRAN KUMARI AGED ABOUT 27 YEARS WIFE OF KRISHNA PRASAD RESIDENT OF VILLAGE NIRANPUR, P.O. KATAYAN (BIHIYA) DIST. BHOJPUR. ….PETITIONER VERSUS 1.THE STATE OF BIHAR. 2. THE DISTRICT MAGISTRATE, ARRAH (BHOJPUR). 3. THE DISTRICT SUPERINTENDENT OF EDUCATION, BHOJPUR. 4. THE BLOCK DEVELOPMENT OFFICER, BIHIYA, DIST. BHOJPUR. 5. THE BLOCK EDUCATION EXTENSION OFFICER, BIHIYA (BHOJPUR). 6.THE MUKHIYA GRAM PANCHAYAT KATEYA, BIHIYA (BHOJPUR). 6 7.RAM BIHAR MAHTO S/O RAM PARVESH MAHTO @ ANOHI MAHTO THE THEN MUKHIYA GRAM PANCHAYAT KATEYA AT BIHIYA, DIST. BHOJPUR, ARRAH. ….RESPONDENTS WITH CWJC NO.9465 OF 2007 PRATIBHA KUMARI W/O ASHOK KUMAR AKELA, RESIDENT OF VILLAGE HARDI PURAB CHOUGHARA, P.S. & DIST. SUPAUL. ….PETITIONER VERSUS 1.THE STATE OF BIHAR. 2.THE DISTRICT MAGISTRATE, SUPAUL. 3. THE DISTRICT SUPERINTENDENT OF EDUCATION CUM DISTRICT PROGRAMME COORDINATOR SARV SHIKSHA ABHIYAN, SUPAUL. 4.THE SUB-DIVISIONAL OFFICER, SUPAUL. 5. THE BLOCK DEVELOPMENT OFFICER, SUPAUL. 6. THE BLOCK EDUCATION EXTENSION OFFICER, SUPAUL. 7.THE PANCHAYAT SEVAK (SECRETARY), HARDI PURAB GRAM PANCHAYAT, P.S. & DIST. SUPAUL. 8.THE MUKHIYA, HARDI PURAB GRAM PANCHAYAT, , P.S. & DIST. SUPAUL. 9.SMT. CHANDRAMANI KUMARI W/O PANKAJ KUMAR, HARDI PURAB GRAM PANCHAYAT, , P.S. & DIST. SUPAUL. ….RESPONDENTS WITH CWJC NO.9470 OF 2007 SMT.SHEELA KUMARI W/O SAMRENDRA YADAV, RESIDENT OF VILLAGE KONAND, P.O. KONAND, P.S. ASTHAWAN, DIST. NALANDA. ….PETITIONER VERSUS 1.THE STATE OF BIHAR. 2.THE SECRETARY PRIMARY SECONDARY AND ADULT EDUCATION GOVT. OF BIHAR, NEW SECRETARIAT, PATNA. 3.THE DIRECTOR PRIMARY SECONDARY AND ADULT EDUCATION GOVT. OF BIHAR, NEW SECRETARIAT, PATNA. 4.THE DISTRICT MAGISTRATE, NALANDA, DIST. NALANDA. 5. THE DISTRICT SUPERINTENDENT OF EDUCATION, NALANDA, DIST. NALANDA. 6. THE BLOCK EDUCATION EXTENSION OFFICER CUM COORDINATOR BLOCK RESOURCES CENTRE ASTHAWAN, DIST. NALANDA. 7.THE MUKHIYA GRAM PANCHAYAT KONAND, P.S. ASTHAWAN, DIST. NALANDA. 8.THE GRAM SEVAK CUM PANCHAYAT SECRETARY, KONAND, P.S. ASTHAWAN, DIST. NALANDA. 7 ….RESPONDENTS WITH CWJC NO.9475 OF 2007 1.OM PRAKASH S/O SHRI INDRA BHUSHAN DAS 2.DILIP KUMAR S/O LATE SHASHI KANT YADAV 3.UMESH KUMAR BHARTI S/O SHRI KAMLESHRI RAJAK 4.MILAN KUMAR S/O SHRI DHIRENDRA KUMAR 5.VENU KUMARI W/O NAVEEN KUMAR 6.MISS ABHA BHARTI D/O VIJAY KUMAR 7.SANGITA KUMARI W/O RAMAKANT MAHTO 8.KUMARI PRANITA W/O ARVIND YADAV ALL RESIDENT OF VILLAGE JANKI NAGAR, P.S. JANKI NAGAR, GRAM PANCHAYAT ABHAYARAM CHAKLA, BLOCK BANMANKNI, DIST. PURNEA. ….PETITIONERS VERSUS 1.THE STATE OF BIHAR THROUGH SECRETARY, PRIMARY AND ADULT EDUCATION DEPARTMENT, GOVT. OF BIHAR, PATNA. 2.THE COMMISSIONER, PURNEA DIVISION, PURNEA. 3.THE COLLECTOR, PURNEA. 4.THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, PURNEA. 5. THE DISTRICT SUPERINTENDENT OF EDUCATION, PURNEA. 6. THE BLOCK EDUCATION EXTENSION OFFICER, BANMANKHI, PURNEA. 7.MUKHIA, ABHAYARAM CHAKLA GRAM PANCHAYAT, JANKI NAGAR, BLOCK BANMANKHI, P.S. JANKI NAGAR, DIST. PURNEA. 8.SECRETARY, ABHAYARAM CHAKLA GRAM PANCHAYAT, JANKI NAGAR, BLOCK BANMANKHI, P.S. JANKI NAGAR, DIST. PURNEA. 9.THE SUB-DIVISIONAL OFFICER, BANMANKHI, DIST. PURNEA. 10.THE CHAIRMAN, SUKH SUVIDHA COMMITTEE, ABHAYARAM CHAKLA GRAM PANCHAYAT, JANKI NAGAR, BLOCK BANMANKHI, P.S. JANKI NAGAR, DIST. PURNEA. ….RESPONDENTS WITH CWJC NO.9496 OF 2007 MITHILESH KUMAR S/O KAMAL MAHTO RESIDENT OF VILLAGE BINGAMA, P.S. PATORI, DIST. SAMASTIPUR. ….PETITIONER VERSUS 1.THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA. 2.DISTRICT MAGISTRATE, SAMASTIPUR. 8 3. DISTRICT SUPERINTENDENT OF EDUCATION, SAMASTIPUR. 4.B.E.O. BLOCK PATEPUR, DIST. VAISHALI. 5.B.E.E.O. BLOCK PATEPUR, DIST. VAISHALI. 6.PANCHAYAT SECRETARY, GRAM PANCHAYAT, NIRPUR, BLOCK PATEPUR, DIST. VAISHALI. 7.VISHWANATH RAI, MUKHIYA, GRAM PANCHAYAT RAJ NIRPUR, BLOCK PATEPUR, DIST. VAISHALI. 8.SAJJAN MALA KUMARI W/O RANJAN KUMAR RESIDENT OF VILLAGE NIRPUR, P.S. PATEPUR, DIST. VAISHALI. ….RESPONDENTS WITH CWJC NO.9519 OF 2007 BINOD KUMAR SINGH S/O BHOLA SINGH, RESIDENT OF VILLAGE BAJARPAR, P.O. SAMYA BARHATTA, P.S. JAGDISHPUR, DIST. BHOJPUR, ARRAH. ….PETITIONER VERSUS 1.THE STATE OF BIHAR. 2.THE DISTRICT MAGISTRATE, BHOJPUR, ARA. 3.THE DISTRICT EDUCATION OFFICER, DIST. BHOJPUR, ARA. 4.THE DISTRICT SUPERINTENDENT OF EDUCATION, DIST. BHOJPUR, ARA. 5. THE BLOCK DEVELOPMENT OFFICER, JAGDISHPUR BLOCK DIST. BHOJPUR. 6. THE BLOCK DEVELOPMENT EDUCATION OFFICER, JAGDISHPUR, DIST. BHOJPUR. 7.MUKHIYA GRAM PANCHAYAT HARIGAON, DIST. BHOJPUR, ARA. 8.PANCHAYAT SECRETARY HARIGAON GRAM PANCHAYAT HARIGAON, DIST. BHOJPUR. 9.RAMAYAN SINGH S/O KASHI NATH SINGH, RESIDENT OF VILLAGE SAMEY, P.O. SANEYA BARAHATTA, P.S. JAGDISHPUR, DIST. BHOJPUR, ARA. 10.BINOD SINGH S/O KAPILDEO SINGH, RESIDENT OF VILLAGE DULHINGANJ, P.S. JAGDISHPUR, DIST. BHOJPUR 11.ANU PANDEY W/O KRISHNA MOHAN PANDEY, RESIDENT OF VILLAGE HARIGAON, P.O. SANEYA BARAHATTA, P.S. JAGDISHPUR, DIST. BHOJPUR. 12.SUNITA YADAV W/O DHANANJAY KUMAR SINGH, RESIDENT OF VILLAGE BAZARA TOLA, P.S. JAGDISHPUR, DIST. BHOJPUR 13.GRISH CHOUBEY S/O LAKSHMAN CHOUBEY, RESIDENT OF VILLAGE HARIGAON, P.O. SANEYA BARAHATTA, P.S. JAGDISHPUR, DIST. BHOJPUR. 14.SANJAY KUMAR S/O SUDAMA PANDIT, RESIDENT OF VILLAGE SANEYA BARAHATTA, P.S. JAGDISHPUR, DIST. BHOJPUR, ARA. 9 15.SHIOLAL RAM S/O RAM NARAYAN RAM, RESIDENT OF VILLAGE HARIGAON, P.S. JAGDISHPUR, DIST. BHOJPUR. 16.PUNAM DEVI W/O UDAY KUMAR, RESIDENT OF VILLAGE BANKAT, P.S. JAGDISHPUR AYER, DIST. BHOJPUR, ARA. ….RESPONDENTS WITH CWJC NO.9537 OF 2007 SANTOSH KUMAR PANDEY S/O JANARDAN PANDEY, RESIDENT OF VILLARE PAJRAW, P.S. NUAON, DIST. KAIMUR (BHABHUA). ….PETITIONER VERSUS 1.THE STATE OF BIHAR. 2.THE SECRETARY, PRIMARY & ADULT EDUCATION DEPARTMENT, BIHAR, PATNA. 3.THE DISTRICT MAGISTRATE, KAIMUR. 4. THE BLOCK DEVELOPMENT OFFICER, NUAON, DIST. KAIMUR. 5. THE BLOCK EDUCATION EXTENSION OFFICER, NUAON, DIST. KAIMUR. 6.THE MUKHIA GRAM PANCHAYAT RAJ, PAJRAW DIST. KAIMUR. 7.THE PANCHAYAT SECRETARY GRAM PANCHAYAT RAJ, PAJRAWN, DIST. KAIMUR. ….RESPONDENTS WITH CWJC NO.9616 OF 2007 USHA SINGH W/O MOHAN SINGH, RESIDENT OF VILLAGE KENAR KHURD, P.O. SIKARAUR, P.S. CHENARI, DIST. ROHTAS. ….PETITIONER VERSUS 1.THE STATE OF BIHAR. 2.THE DISTRICT MAGISTRATE, ROHTAS AT SASARAM. 3. THE DISTRICT SUPERINTENDENT OF EDUCATION, ROHTAS AT SASARAM. 4. THE BLOCK DEVELOPMENT OFFICER, CHENARI, ROHTAS. 5. THE BLOCK EDUCATION EXTENSION OFFICER, CHENARI, ROHTAS. 6.THE PANCHAYAT SEWAK, GRAM PANCHAYAT KENAR KALA, BLOCK CHENARI, DIST. ROHTAS. 7.THE MUKHIYA, GRAM PANCHAYAT KENAR KALA, BLOCK CHENARI, DIST. ROHTAS. 8.SANDYA PANDEY W/O SUBODH KUMAR RANJAN @ SUBODH KUMAR DUBEY, VILLAGE + P.O. CHANDRAKAITHI, P.S. CHENARI, DIST. ROHTAS. ….RESPONDENTS WITH CWJC NO.9628 OF 2007 10 SIKANDAR KUMAR S/O LATE RAM DAYAL RAI, RESIDENT OF VILLAGE UKANI, P.O. CHAMANPUR, P.S. + IST. SHEOHAR. ….PETITIONER VERSUS 1.THE STATE OF BIHAR. 2.THE DISTRICT MAGISTRATE, SHEOHAR. 3. THE DISTRICT SUPERINTENDENT OF EDUCATION, SHEOHAR. 4. BLOCK DEVELOPMENT OFFICER, SHEOHAR, BLOCK OFFICE SHEOHAR, DIST. SHEOHAR. 5.THE MUKHIYA GRAM PANCHAYAT, CHAMANPUR, P.O. + VILLAGE CHAMANPUR, P.S. SHEOHAR, DIST. SHEOHAR. 6.THE PANCHAYAT SECRETARY-CUM-PANCHAYAT SEVAK, GRAM PANCHAYAT, CHAMANPUR, P.S. SHEOHAR, DIST. SHEOHAR. ….RESPONDENTS WITH CWJC NO.9631 OF 2007 LALITA KUMARI D/O MIRTUNJAY BIND, W/O SURENDRA KUMAR, RESIDENT OF VILLAGE + P.O. GAGAUR, P.S. KORMA, PANCHAYAT GAGAUR, BLOCK GHAT KUSUMBHA, DIST. SEIKHPURA. ….PETITIONER VERSUS 1.THE STATE OF BIHAR. 2.THE PRINCIPAL SECRETARY, DEPARTMENT OF HUMAN RESOURCE DEVELOPMENT, GOVT. OF BIHAR, BIKASH BHAWAN, PATNA. 3.THE DIRECTOR PRIMARY EDUCATION, GOVT. OF BIHAR, BIKAS BHAWAN, PATNA. 4.THE DISTRICT MAGISTRATE, SEIKHPURA. 5. THE DISTRICT SUPERINTENDENT OF EDUCATION, SEIKHPURA. 6.THE BLOCK DEVELOPMENT OFFICER, GHAT KUSUMBHA. 7. THE BLOCK EDUCATION EXTENSION OFFICER, SEIKHPURA-2 (GHAT KUSHUMBHA). 8.THE MUKHIYA, GRAM PANCHAYAT RAJ, GAGAUR. 9.THE PANCHAYAT SECRETARY, GRA, PANCHAYAT RAJ, GAGAUR. 10.GITA KUMARI, DAUGHTER OF SRI SAHDEV PRASAD, W/O VIJAY BIND, RESIDENT OF VILLAGE + P.O. GAGAUR, P.S. KORMA, DIST. SEIKHPURA. ….RESPONDENTS WITH CWJC NO.9644 OF 2007 RAVI SHANKAR KUMAR RAJAK S/O SRI UPENDRA BAITHA, RESIDENT OF VILLAGE PUNARWARA, P.S. RUNNI SAIDPUR, DIST. SITAMARHI. ….PETITIONER VERSUS 11 1.THE STATE OF BIHAR THROUGH SECRETARY, SECONDARY PRIMARY AND ADULT EDUCATION DEPARTMENT, GOVT. OF BIHAR, PATNA. 2.THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT GOVT. OF BIHAR, PATNA. 3.THE DISTRICT MAGISTRATE, SITAMARHI. 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, SITAMARHI. 5. THE BLOCK DEVELOPMENT OFFICER, RUNNI SAIDPUR, DIST. SITAMARHI. 6.MUKHIYA, GRAM PANCHAYAT, MAHINDWARA, DIST. SITAMARHI –CUM- CHAIRMAN OF THE SELECTION COMMITTEE, GRAM PANCHAYAT, MAHINDWARA, P.S. RUNNI SAIDPUR, DIST. SITAMARHI. 7.GRAM PANCHAYAT MAHINDWARA THROUGH ITS SECRETARY, DIST. SITAMARHI. 8.THE SECRETARY GRAM PANCHAYAT, MAHINDWARA, P.S. RUNNI SAIDPUR, DIST. SITAMARHI. 9.SHIKSHA SAMITI, MAHINDWARA, DIST. SITAMARHI. 10.RAJESH KUMAR S/O SRI FUDI RAM, RESIDENT OF VILLAGE MANJROHA, P.S. RUNNI SAIDPUR, DIST. SITAMARHI. ….RESPONDENTS WITH CWJC NO.9654 OF 2007 1.SADHANA DEVI, W/O GAURI PASWAN, RESIDENT OF VILLAGE MADHURAPUR, JAIRAM, P.O. SHAILA RAMPUR, P.S. HATHAURI, DIST. MUZAFFARPUR. 2.VIRENDRA KUMAR, S/O SRI NAND KISHORE SAHANI, RESIDENT OF VILLAGE PAKDI BARKHUDAAR, P.O. PUNARWARA SHYAM, P.S. HATHAURI, DIST. MUZAFFARPUR. ….PETITIONERS VERSUS 1.THE STATE OF BIHAR THROUGH THE COMMISSIONER-CUM-SECRETARY (EDUCATION DEPARTMENT), GOVT. OF BIHAR, PATNA. 2.DISTRICT MAGISTRATE, MUZAFFARPUR. 3. DISTRICT SUPERINTENDENT OF EDUCATION, MUZAFFARPUR. 4. BLOCK DEVELOPMENT OFFICER, MUZAFFARPUR. 5. BLOCK EDUCATION EXTENSION OFFICER, BOCHAHAN, DIST. MUZAFFARPUR. 6.DISTRICT DEVELOPMENT COMMISSIONER, MUZAFFARPUR. 7.MUKHIYA, GRAM PANCHAYAT RAJ, NARKATIYA, DIST. MUZAFFARPUR. 8.PANCHAYAT SACHIV, NARKATIA GRAM PANCHAYAT, DIST. MUZAFFARPUR. 12 9.PANCHAYAT SAMITI MEMBER, NARKATIA GRAM PANCHAYAT, DIST. MUZAFFARPUR. 10.SUKH SUBIDHA SHIKSHA SAMITI MEMBER, NARKATIYA, MUZAFFARPUR. 11.PANCHAYAT SACHIV (SUPERVISORY MEMBER), RAMPYARI HIGH SCHOOL, NARMA, MUZAFFARPUR. ….RESPONDENTS WITH CWJC NO.9659 OF 2007 SHYAM BIHARI RAM S/O LALLAN RAM, RESIDENT OF VILLAGE LARIYA, P.O. BAMHOOR KHAS, P.S. MOHANIA, DIST. KAIMUR. ….PETITIONER VERSUS 1.THE STATE OF BIHAR. 2.THE SECRETARY, DEPARTMENT OF HUMAN RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA. 3.DIRECTOR, PRIMARY AND ADULT EDUCATION, GOVT. OF BIHAR, PATNA. 4. DISTRICT SUPERINTENDENT OF EDUCATION, KAIMUR AT BHABHUA. 5. BLOCK DEVELOPMENT OFFICER, MOHANIA, DIST. KAIMUR. 6.BLOCK EDUCATION OFFICER, MOHANIA, DIST. KAIMUR. 7.BLOCK EDUCATION EXTENSION OFFICER, MOHANIA, DIST. KAIMUR. 8.MUKHIYA CUM CHAIRMAN GRAM PANCHAYAT BAMHAOR KHAS, MOHANIA, DIST. KAIMUR. 9.ASHOK KUMAR CHAUDHARY S/O SRI RAM CHOUDHARY, RESIDENT OF BAMHAOR KHAS, P.S. MOHANIA, DIST. KAIMUR. ….RESPONDENTS ----------- 02/ 14.07.2011 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 13 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 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 14 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 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 15 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. Ranjan (Mihir Kumar Jha, J)