IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1620 of 2008 RAVI PRAKASH son of Raghunath Ram, resident of village Piunibag Baswaria, Ward no. 25, P.S. Bettiah, Distt. West Champaran, at present postedand working as Panchayat Teacher in Newly created Govtg. Primary School Prandar Bahua, Achal Fulwaria, Distrrict- Gopalganj. 2.Rinki Kumari daughter of late Ram Narayan rai, resident of village Girdhar Parsa P.O. Bhagwat Parsa, police station- Fulwaria, district Gopalganj, at present posted and working as panchayat teacher in Govt. Primary School Balepur Gaddi Tola, Anchal-Fulwaria, Dist. Gopalganj 3. Meera Kumari wife of Sri Dinesh Kumar Sah, resident of Village+ P.O. Bahua Bazar, P.S. Fulwaria, District Gopalganj, at present posted and working as Panchayat Teacher in Newly created Govt. Primary school Purwi Tola Larhpur, anchal Fulwaria, district - Gopalganj 4. Sinni Praveen wife of Mahtab Alam, resident of village BathuaBazar, P.S. Fulwaria, Distt. Gopalganj, at present posted and working as Panchayat Teacher in Govt. Primary School Balepur Gaddi Tola, Anchal Fulwaria, Distt. Gopalganj. 5. Khushbhu Raj daughter of Sri Prabhu jee Sahu, resident of village Lakshan Tola, P.O. Songarhwa, P.S. Fulwaria, District Gopalganj, at present posted and working as Panchayat teacher in newly created Govt. Primary School Larhpur Purwi Tola, Anchal Fulwari, Distt. Gopalganj. 6. Meera Kumari daughter of Ram Lakhan Ram, resident of village Kotwa Khem, P.O. Bathua Bazar, P.S. Fulwaria, Distt. Gopalganj at present posted and working as Panchayat Teacher in newly created Govt. Primary School Purandar Bathua, Anchal Fulwaria, District- Gopalganj....................................................... Petitioners Versus 1. THE STATE OF Bihar 2. The Principal Secretary, Himan Resources Development, Deptt. Government of Bihar, Patna. 3. The Director, Primary Education, Bihar, Patna. 4. The Divisional Commissioner, Saran Division at Chapra. 5.The District Magistrate, Gopalganj. 6. The Subdivisional officer, Hathua, Distt. Gopalganj, 7. The District Education officer, Gopalganj 8. The Subdivisional Education Officer, Gopalganj 9. The District Superintendent of Education, Gopalganj 10 The Block Development Officer,Fulwaria, Gopalganj 11. The Block Education Extenjsion officer, Fulwaria, 12. The Gram Panchayat Raj Bathua Bazar, Anchal Fulwaria,District Gopalganj. 13. The Panchayat Secretary, Gram Panchayat Raj Bathua, Bazar, Anchal- Fulwaria, Distt. Gopalganj.............. Respondents. - 2 - CWJC No.4571 of 2008 1. SHALYA KHATOON wife of Safadar Ali, resident of village Bhagwanpur, P.O. Bathua Bazar, P.s. Fulwaria, Distt. Gopalganj, at present posted and working as Panchayat teacher in new Govt Primary school Natha Chhapar, Anchal Phulwari, Dist. Gopalganj..Petitioner Versus 1. THE STATE OF BIHAR 2. The Principal Secretary, Human Resources Development Deptt. , Govt. of Bihar, Patna. 3. The Director, Primary Education, Bihar, Patna. 4. The divisional Commissioner Saran Division at Chapra; 5. TheDistrictMagistrate,Gopalganl. 6. The Subdivisional Officer, Hatua, District, Gopalganj 7. The District Education officer, Gopalganj. 8. The Subdivisional officer, Gopalganj. 9. The District Superintendent of Education, Gopalganj. 10. The Block Development officer, Phulwaria, Gopalganj. 11. The Block Education Extension Officer Fulwaria, Gopalganj 12. The Gram Panchayat raj Gidhan, Anchal Phulwaria, District Go;alganl. 13. The Panchayat secretary, Gram Panchayat Raj Gidhan, Anchal Phulwaria, Distt. Gopalganj,................. Respondents. ------------- CWJCNo.17226of2007 1. MANOJ KUMAR SINGH Singh son of Sri Lallan Singh resident of village Gidahan, P.S. Fulwaria, Gopalganj, at present posted and working as panchayat teacherin Govt. Primary School,Gidahan, anchal Fulwaria, Gopalganj. 2. Meena kumar daughter of Harenda ra kumar Singh, resident of village Maripur, P.S. Phulwaria, Distt. Gopalganj at present posted and working as Panklchayat teacher in new Govt. primary school Bairagia, Anchal Phulwaria, Gopalganj. 3. Munna Kumar son of Shri Mohan Sah resident of village Koyla Dewa, p.S. Fulwaria, Distt. Gopalganj, at present posted and working as panchayat teacher, in govt . primary school Gidahan, anchal, Fulwaria, Distt. Gopalganj. 4. Nagendra Kumar Yadav son of Jata Shankar Yadav, resient of village Gidaha, P.S. Fulwaria, Gopalganj, at present working as panchayt teacher in new Govt. primary school Jagdishpur, anchal Fulwaria, district Gopalganj. 5. Sajjan Kumar son of late Ramjueet Ram, resident of village Korariya, p.s. Fulwaria, Distt. Gopalganj, at present posted and working as Panchayat teacher in Govt. Primary school Gidahan, anchal Fulwaria, Distt. Gopalganj. 6. Sangeeta kumari daughter of Shri Ramuna Ram, resident of village Hathikhal, P.S. Fulwaria, Distt. Gopalganj, at present posted and working as panchayat teacher in Govt. Primary school Gidahan, anchal Fulwaria, Gopalganj. - 3 - 6 8-12-2008 7. Pashp;ati Nath Ram son of Shri Bikrama Ram, resident of village Kharauni, P.S. Fulwaria, Distt. Gopalganj at present posted and working as Panchayat teacher Govt. Primary School,Gidahan, Anchal Fulwaria, Distt. Gopalganj. 8. Noor Alam son of Shri Ainul Haque, resident of village Rampur, P.S. Fulwaria, Distt. Gopalganj, at present posted and working as Panchayat teacher in New Govt. Primary School Rakba, Anchal Fulwaria, Gopalganj. 9. Poonam Kumar wife of Shri Santlal, resident of village Fulwaria, P.S. Fulwaria, Gopalganj, at present posted and working as Panchayat teacher in New. Govt. Primary School, Rakba, Anchal, Fulwaria, Gopalganj. 10. Sangeeta Kumar daughter of Radhey Shyam Gupta resident of village Line Bazar, P.S. Fulwaria, Distt. Gopalgalng, at present posted and working as panchayat teacher in Govt. Primary SchoolGidahan colony, anchal Fulwaria, Dist. Gopalganj. 11. Harkesh Sharma son of Shri Ali Hussain Mian, resident of village Bathua, P.S. Fulwaria, Gopalganj, at present posted and working as Panchayat teacher in new govt. Primary School Nathua, Chhapar, anchal Fulwaria, Dist. Gopalganj..petitioners. Versus 1. THE STATE OF BIHAR 2. The Principal Secretary, Human Resources Development Deptt. Government of Bihar, Patna. 3. The Director, Primary Education, Bihar, Patna. 4. The Divisional commissioner, Saran Division at Chapra; 5. The District Magistrate, Gopalganj 6. The Subdivisional Officer, Hathua, Gopalganj 7.The District Education Officer, Gopalganj 8. The Subdivisional Education officer, Gopalganj 9. The District Superintendent of Education, Gopalganj 10. The Block Development Offficer, Phulwaria, Gopalganj 11. The Block Education Extenjsion officer, Phulwaria, Gopalganj 12. The Gram Panchayat Raj Gidhan, anchal- Phulwaria, District Gopalganj represented through its Mukhia. 13. The Panchayat Secretary, Gram Panchayat Raj Gidhan, Anchal Phulwaria, Gopalganj...............................Respondents. For the petitioners Mr. Umesh Kumar Mishra For the Respondents:- Mr. B.K.Prasad Sinha, Gp.P.3 Mr. Suryakant Kumar, J.C. to G.P.3 Mrrs. Sunita Kumari, J.C. to G.P.3 . Heard learned counsel for the petitioners and learned counsel for the respondents in all the three writ petitions which relate to Panchayat Teachers who are admittedly governed by Bihar Panchayat - 4 - Elementary Teachers ( Appointment and Service Conditions) Rules, 2006. Petitioners claim to have been appointed as panchayat teachers under Gram Panchayat Bathua Bazar or under Gram Panchayat Gidhan, both under Phulwaria Block of District Gopalganj. Their grievance is that after their appointments they worked without any complain for several months but after about six months the local Member of Legislative Assembly filed an application before the District Magistrate, Gopalganj alleging irregularity in the process of selection and counselling because one Geeta Singh of village Bathua Bazar was left out of counselling . Some complaints were made in respect of selection and appointment of panchayat teachers in Gidhan and the District Magistrate constituted an enquiry committee and after submission of report by the Subdivisional officer, Hathua the District Magistrate issued impugned order dated 6-11- 2007( annexure-9) directing the Block Development Officer, Phulwaria to take steps for fresh selection and appointment for both the panchayats. On the orders of the District Magistrate, the Block Development officer, Phulwaria has issued another impugned letter dated 28-11-2007 ( Annexure-10) directing the Mukhia of Gram Panchayat Bathua and Gidhan to cancel the earlier panels and conduct fresh counseling within 15 days. On facts there is no dispute that fresh counselling has been conducted by the Mukhia of Gram panchayat Bathua but no fresh counseling has yet been done for Gram Panchayat Gidahan. - 5 - On behalf of petitioners only two submissions were made to challenge the impugned orders and other connected orders. Firstly, it was submitted that under Rules of 2006 as it stood in the year 2007 the statutory authority to interfere in the matter of selection and appointment was vested in the B.D.O. and hence no other authority including the District magistrate though he may be senior in hierarchy, could have interfered in the matter and issued dictates to the statutory authority. Secondly, it was submitted that the allegations made against the selection process are of factual nature and hence in any enquiry in respect of such allegation, the Rules of natural justice require notice to the selected and appointed persons like the petitioner. Reliance was placed by the petitioners upon a recent judgment of this court in the case of Shyam Babu Kumar Vrs. The State of Bihar reported in 2008 (4) PLJR 132. The law is well settled that statutory authority must exercise statutory power independently. It is also well settled that Rules of natural justice require notice to the petitioners as they have already been selected and appointed particularly, when this court or the other authority cannot give a finding that the appointment process is de hors the Rules or against any Constitutional mandate. Hence, it has to be held that the judgment of a Full Bench of this court in the case of Nand Kishore Raut Vrs. The State of Bihar reported in 1991 (2) PLJR 42 has no application. In the facts of the present case the petitioners were required to be given a notice so that they could have placed their case in course of enquiry before the concerned authority. - 6 - Naresh In view of aforesaid discussions both the submissions advanced on behalf of the petitioners are found acceptable . Accordingly, the writ petitions are allowed. The impugned orders are quashed. It has been brought to the notice of this court that subsequently the Rules of 2006 have been amended with effect from 25-8-2008 and under the amended Rule 18 the Block Development Officer also does not have power to act as appellate authority in respect of matters relating to selection and recruitment . Such power is now vested in a Committee constituted by the State Government at the district level. In that view of the matter it is observed that if the aggrieved persons have any further interest in the matter they or the concerned departmental authority may bring this matter to the notice of the concerned Committee empowered to hear under Rule 18. Thereafter the said Committee under Rule 18 may pass appropriate orders in accordance with law. It is made clear that this court has not examined the claim of the rival party on merits. ( Shiva Kirti Singh,J)