IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9383 of 2009 1. KUMAR SANJAY KUNWAR, SON OF KUMAR BASUDEO KUNWAR, RESIDENT OF VILLAGE-PARASPUR, MUSHHARI GRAM PANCHAYAT RAJ-FATEHAN, P.S. KATHAIYA, DISTRICT- MUZAFFARPUR. 2. RANJANA KUMARI, D/O SHASHIDHAR PRASAD SINGH, RESIDENT OF VILLAGE-NAWALPUR, GRAM PANCHAYAT RAJ- FATEHAN, P.S. – KATHAIYA, DISTRICT-MUZAFFARPUR ……… ………. … PETITIONERS. -Versus- 1. THE STATE OF BIHAR 2. The Director, Primary Education, Govt. of Bihar, Patna. 3. The District Magistrate, Muzaffarpur. 4. The District Superintendent of Education, Muzaffarpur. 5. The Block Development Officer , Motipur, District-Muzaffapur. 6. The Block Education Extension Officer, Motipur, District-Muzaffarpur. 7. The Mukhiya, Gram Panchayat Raj- Fatehan, Block-Motipur, District- Muzaffarpur. 8. The Panchayat Secretary, Gram Panchayat Raj- Fatehan, Block- Motipur, District-Muzaffarpur. 9. Madan Kumar Singh, S/o Ram Chandra Singh, resident of village- Nawalpur, Gram Panchayat Raj- Fatehan, Block-Motipur, District- Muzaffarpur. 10. Raj Kumar Sah, S/o late District Education Officer Narayan Prasad, resident of village-Paraspur Mushhri Gram Panchayat Gram Panchayat Raj- Fatehan, Block-Motipur, District-Muzaffarpur. 11. Mamta Kumari, W/o Baban Kumar Gupta, resident of village- Paraspur Mushhari, Gram Panchayat Gram Panchayat Raj- Fatehan, Block-Motipur, District-Muzaffarpur. ………… ……………. Respondents. ----------- 2. 19.08.2009 Heard the counsel for the petitioners and the counsel appearing for the state. Petitioners have filed this application for quashing the appointment of respondents No. 9, 10 & 11 on the post of Panchayat Shikcha Mitra alleging that the appointments were made in violation of rules, instructions and guidelines issued by the Secretary, Primary Education , Govt. of Bihar. The - 2 - appointment had been made by Sukh Subidha Samiti on the basis of decision taken in its meeting dated 23.05.2005. Petitioner’s case is that challenging the appointment of respondents No. 9, 10 & 11, he filed his appeal before the District Teachers Appointment Appellant Authority, Muzaffarpur but the same was not entertained on the ground that the Appellate Authority has got no jurisdiction to entertain any appeal connected with the Panchayat Shikcha Mitras’ appointment. Recently the Principal Secretary of Human Resources Development Department, Govt. of Bihar has issued a letter contained in Memo No. 681 dated 14.05.2009, by which all principals and chairman of District teachers Appointment Appellate Authority have been informed and directed to entertain and decide pending matters relating to appointment of Panchayat Shikcha Mitras. The matters connected with Panchayat Shikcha Mitras’ appointment, can be considered and decided by the Appellate Forum constituted under rule 18 of District Panchayat Teachers (Appointment and Service Conditions) Rule, 2006/2008. In paragraph-15 of the writ application, Counsel for the petitioner, has stated that petitioner No. 1 filed repeated representations before the concerned authorities for taking action against the irregularities committed by the respondents No. 7 & 8 in the matter of appointment of Panchayat Shikcha Mitras but it was never considered. Finally, he filed his - 3 - representation on 18/03/2009 before the District Magistrate, Muzaffarpur, the Block Development Officer, Motipur and the Block Education Extension Officer, Motipur which remained pending and at last, he filed appeal before the District Appellate Authority but that was not entertained. Considering these facts, this matter is being disposed of in the light of the letter issued by the Principal Secretary, Human Resources Development Department, Govt of Bihar authorizing the appellate authority to look into the disputers relating to Panchayat Shikcha Mitras’ appointment. A direction is being issued to the appellate authority to consider petitioner’s case and decide it after issuing notices to respondents No. 9, 10 & 11 and all other concerned persons. The Appeal must be decided within 30 days from the date of production/communication of this order and fling of appeal by the petitioner. akv (Mridula Mishra, J.)