IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9299 of 2009 ASHA THAKUR, (wrongly mentioned as Shiva Thakur), aged about 42 years, wife of Shiva Shankar Thakur, resident of village Bhala Bangara, P.S. Khirhar, District – Madhubani. Versus 1. THE STATE OF BIHAR. 2. District Magistrate, Madhubani. 3. District Superintendent of Education cum District Programme Convenor, Madhubani. 4. Block Education Extension Officer cum Convenor Block Resources Centre, Umagaon, District – Madhubani. 5. Mukhiya, Gram Panchayat Raj, Sonai, Block Harlakhi, District – Madhubani. 6. Panchayat Secretary, Gram Panchayat Raj, Sonai, Block Harlakhi, District – Madhubani. ----------- Counsel for the petitioner : Mr. Ajay Kumar Thakur. Counsel for the State : Mr. Ajay, SC XI ---- 07. 17.01.2011 Annexure-1 is the order under challenge in the present writ application by virtue of which petitioner has been ordered to be removed as a Panchayat Teacher and recovery for the remuneration paid to her has been also issued. The letter has been addressed to the Mukhiya by the District Superintendent of Education, Madhubani. Submission of the counsel for the petitioner is that it has already been decided in many a cases by the High Court that for matters of appointment, removal or otherwise of Panchayat teachers, District Superintendent of Education has no role to play and to that extent the order should be treated to be without jurisdiction if not quashed. The Court has gone through some of the orders passed by a Bench of this Court including the case of Indu Saxena, which is CWJC No.4356 of 2010 disposed of on 20.12.2010. For the reasons thereof the impugned order dated 26.6.2009 contained in Annexure-1 is quashed. It is however clarified that it will 2 not come in the way of the competent authority to pass any order in accordance with law, if there is basis for it to be passed. The writ application is disposed off with consent of the parties though it is listed under the heading for ‘orders’, in view of the limited issue raised in this regard. rkp ( Ajay Kumar Tripathi, J.)