IN THE HIGH COURT OF JUDICATURE AT PATNA C.W.J.C. No.3810 of 2008 Dinesh Choudhary, son of late Mahesh Choudhary, resident of village Sandhail Police Station Madanpur, District Aurangabad .. Petitioner Versus 1. The State of Bihar through the Principal Secretary, Human Resources Development Department, Government of Bihar, petitioner 2. The Director, Primary Education, Government of Bihar, Patna 3. The District Magistrate, Aurangabad 4. The District Superintendent of Education, Aurangabad .. Respondents **** /2/ 16.03.2009 Heard the counsel for the petitioner and the State. 2. This order has been filed by the petitioner for quashing the order, contained in Memo No. 1342/S.S.A., dated 14.11.2007, issued by the District Superintendent of Education, Aurangabad, cancelling the appointment of the petitioner on the post of Panchayat Shikcha Mitra in the year 2005 and as a consequence of that cancelling petitioner’s absorption as Panchayat Teacher under 2006 Rules. Petitioner has challenged the impugned order on two counts, firstly, the District Superintendent of Education has got no jurisdiction under Bihar Panchayat Primary Teachers (Recruitment and Condition of Service) Rules, 2006, either to enquire into the complaints relating to appointment or pass any order cancelling the 2 appointment such jurisdiction under 2006 Rules is vested in Block Development Officer under Rule 18 of 2006 Rules. Secondly, it has been stated that any appointment made on the post of Panchayat Shikcha Mitra in 2005 could not have been reopened on the basis of any complaint filed after three years of appointment. Under the guidelines of appointment of Panchayat Shikcha Mitra only thirty days’ time has been allowed for filing any objection relating to appointment on the post of Panchayat Shikcha Mitra. It has also been stated that Rule 20(ii)(iii) of 2006 Rules clearly provide that any Government’s Orders, Circulars, Notifications relating to appointment as Panchayat Shikcha Mitra is superseded and such appointment can not be reopened. Petitioner has been absorbed on the post of Panchayat Teacher as provided under Rule 20(ii)(iii) of 2006 Rule. Reopening of an appointment which has now been confirmed in view of Rule 20(ii)(iii) of 2006 Rules can only be termed as illegal and completely without jurisdiction. The impugned order, dated 14.11.2007, contained in Memo No. 1342/S.S.A, is quashed as illegal and without jurisdiction. 3. This application is allowed. Cp:2/S.A. ( Mridula Mishra, J. )