IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16351 of 2009 1. BANDANA KUMARI D/O LAKHAN PRASAD SINGH R/O VILL.- BRAHAMPUR, P.S.+DISTT.- SUPAUL 2. ADITYA KUMARI S/O RAM BAHADUR KHATVE R/O AT- RAMPATI, P.S.- SINGHESWAR, DISTT.- MADHEPURA 3. NITU BHARTI D/O ASHOK KUMAR DUTTA R/O AT- PARUH P.S.- NAUHATTA, DISTT.- SAHARSA 4. BRAJESH KUMAR 'RANA' S/O AJIT RANA R/O AT+P.O.- DHARAMPUR, P.S. NAUHATTA, DISTT.- SAHARSA 5. NILAM KUMARI D/O BHAGESHWAR PASWAN R/O AT+P.O.- DUHLA, P.S. SONBARSA KACHARI, DISTT.- SAHARSA 6. VINDAWASHNI KUMARI D/O CHATAWANDRA NARAYAN SINGH R/O VILL.+P.O.- DHARAMPUR, P.S. NAUHATTA, DISTT.- SAHARSA 7. PRAMOD KUMAR S/O BHAGWAT YADAV R/O AT+P.O.- VIJAIPUR, P.S. BIHARA, DISTT.- SAHARSA 8. MD. SALLAHA UDDIN S/O MD. MUSHLIM AT- ITAHARI, P.O.- KATTYA, P.S.+DISTT.- SUPAUL 9. NARESH KUMAR YADAV S/O KISTO PRASAD YADAV AT- SAPTIYAHI, P.O. SISAI, AGAWANPUR, P.S.+DISTT.- SAHARSA 10. MINA KUMARI D/O SATYA NARAYN YADAV AT- PURUSHOTAMPUR, P.O.- DUMARA, P.S. NAUHATTA, DISTT.- SAHARSA 11. SANGITA KUMARI D/O RAM NATH PASWAN AT+P.O.- BASBITTI, P.S.+DISTT.- SUPAUL 12. MANJU KUMARI D/O JIVACHH PRASAD AT- CHATRA, P.O. DHARAMPUR, P.S.- NAUHATTA, DISTT.- SAHARSA 13. KALYAN KUMAR S/O AJIT KUMAR SINGH AT+P.O.- BIRATPUR, P.S. SONBARSA, DISTT.- SAHARSA 14. MAMTA VERMA D/O HIRENDRA KUMAR VERMA AT+P.O.- DUMARA, P.S. NAUHATTA, DISTT.- SAHARSA 15. GEETA KUMARI D/O DEO NARAYAN SHARMA, W/O ADITYA KUMAR AT- RAMPATTI, P.O.+P.S.- SINGHESHWAR, DISTT.- MADHEPURA 16. RINKU KUMARI D/O VISHWANATH PRASAD SINGH AT+P.O.- MAINNA, P.S.- MANISHI, DISTT.- SAHARSA 17. SANDIP KUMAR S/O SHYAM SUNDRA SHARMA AT- SAINITOLA, P.O.+P.S.- SIMARI BAKHTIYARPUR, DISTT.- SAHARSA 18. SUMIT RANJAN S/O DEO NARAYAN YADAV AT- SAINITOLA, P.O.+P.S. SIMRI BAKHTYARPUR, DISTT.- SAHARSA 19. ARBINDA KUMAR S/O RAJENDRA SHARMA AT- KASTHTOLA, WARD NO. 28, P.S.+ DISTT.- SAHARSA 20. LALAN PASWAN S/O MAHENDRA PASWAN AT+P.O.- DUDHAILA, P.S. SONBARSA KACHAHARI, DISTT.- SAHARSA 21. PRABHAT KUMAR SINGH S/O CHANDRIKA PRASAD SINGH AT+P.O.- MAINNA, P.S.- MAHISHI, DISTT.- SAHARSA - 2 - 22. DEJI KUMARI D/O DINESH PRASAD YADAV AT- RAUTTA, P.O. KHAUJRHA, P.S. SONBARSA, DISTT.- SAHARSA 23. KIRTI AZAD S/O UPENDRA THAKUR AT- KALUHA, P.S. SHANKARPUR, DISTT.- MADHEPURA 24. VIJAY KUMAR SINGH S/O SUSHIL KUMAR SINGH AT+P.O.- BARUARI, P.S.+DISTT.- SUPAUL 25. RASHMI KUMARI D/O RAMESH VERMA AT- PRUHAR, P.O. DUMARA, P.S. NAUHATTA, DISTT.- SAHARSA 26. SAPANA KUMARI D/O PRIYAWARAT GUPTA AT+P.O. BARIYAHI BAZAR, P.S.- BANGAW, DISTT.- SAHARSA 27. PUNITA KUMARI D/O HIRALAL YADAV AT+P.O. SATTAR, P.S. BIHARA, DISTT.- SAHARSA 28. MD. IDRISH ALAM S/O MD. MAJLUMHUSHAN AT- SIHAI, P.O. BAKAUR, P.S.+DISTT.- SUPAUL 29. NILU VERMA H/O ASHOKA KUMAR VERMA, AT+P.O. DUMARA, P.S. NAUHATTA, DISTT.- SAHARSA 30. NAMRATA PRIYADARSHI D/O BINDISHWARI SAHA AT+P.O.- DUMARA, P.S. NAUHATTA, DISTT.- SAHARSA 31. JAGNNATH KUMAR S/O SHIVNANDAN MANDAL AT+P.O. MOHANIA, P.S.+DISTT.- SUPAUL 32. SHIKHA RANI D/O YOGAL KISHOR DAS AT- PARUHAR, P.O. DUMARA, P.S. NAUHATTA, DISTT.- SAHARSA 33. VIJAY TANTI S/O DASHRATH TANTI AT+P.O. PARI, P.S. BANGANU, DISTT.- SAHARSA 34. GANESH NANDAN PASI S/O SARYUG PASI AT+P.O. SIHOL, P.S.- BIHARA, DISTT.- SAHARSA 35. RAGHUNI CHAUDHARI S/O SITO CHAUDHARI AT- KAMALPUR, P.O.- BARIYAHI, P.S. BANGANU, DISTT.- SAHARSA 36. BINA KUMARI H/O SACCHIDANAND YADAV, AT- KAYASTHA TOLA, WARD NO. 29, P.S.+DISTT.- SAHARSA 37. BANTI KUMAR S/O DINESH PRASAD YADAV AT- RAUTTA, P.O. KHAUJRHA, P.S. SONBARSA, DISTT.- SAHARSA 38. PUNAM KUMARI D/O RAMPRAWESH CHAUDHARI AT- SOSUNA, P.O. BELAVARISH, P.S. GOH, DISTT.- AURANGABAD 39. SANJAY RAJAK S/O LATE SATYANARAYAN RAJAK AT+P.O.- BARAIYAHI, P.S. BANGANU, DISTT.- SAHARSA 40. USHA KUMARI D/O LATE HARI NARAYAN KAMATI AT- PARUHAR, P.O. DUMARA, P.S. NAUHATTA, DISTT.- SAHARSA. VERSUS 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA 3. THE DIRECTOR, PRIMARY EDUCATION, HUMAN RESOURCES DEVELOPMENT DEPTT., GOVT. OF BIHAR, PATNA 4. THE REGIONAL DEPUTY DIRECTOR, HUMAN RESOURCES DEVELOPMENT DEPTT., SAHARSA. - 3 - 5. THE DISTRICT MAGISTRATE, SAHARSA 6. THE DISTRICT TEACHER APPOINTMENT APPELLATE AUTHORITY, SAHARSA THROUGH ITS CHAIRMAN 7. THE MEMBER, THE DISTRICT TEACHER APPOINTMENT APPELLATE AUTHORITY, DISTT.- SAHARSA 8. THE DISTRICT SUPERINTENDENT OF EDUCATION, DISTT.- SAHARSA 9. THE SUB-DIVISIONAL OFFICER, SADAR SAHARSA, DISTT.- SAHARSA 10. THE BLOCK DEVELOPMENT OFFICER, BLOCK- NAUHATTA, DISTT.- SAHARSA 11. THE BLOCK EDUCATION EXTENSION OFFICER, BLOCK- NAUTHATTA, DISTT.- SAHARSA 12. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ KASIMPUR, BLOCK- NAUHATTA, SAHARSA 13. THE MUKHIYA, GRAM PANCHAYAT RAJ KASIMPUR, BLOCK- NAUHATTA, DISTT.- SAHARSA 14. SINKO KUMAR SINHA S/O UPENDRA PRASAD SINHA R/O OLD JAIL, BATRAHA ROAD, WARD NO. 22, DISTT.- SAHARSA ----------- For the Petitioners : M/s Rajendra Prasad Singh, Sr. Adv., Rajeev Kr. Singh, Nawal Kishore Singh, & Onkar Kumar, Advs. For the Respondent No.14 : M/s Basant Kr. Choudhary, Sr. Adv. & Pramod Kumar Mishra, Adv. For the State : G.A.-I. ----------- 04 26.08.2010 The petitioners have preferred this writ petition against the order dated 27.10.2009 passed by the District Teacher Appointment Appellate Authority, Saharsa (Annexure-1). By the said order, the Tribunal has disposed of 22 applications filed before it by various persons, who were challenging the selection and appointment of Teachers as was done in the year 2006. The Mukhiya, namely, Dilip Sada has appeared and contested this writ petition. He states that the Tribunal had rightly interfered and set aside all appointments and rightly held that in fact there was hardly any selection and all was mere paper book. On the other hand, Mr. Rajendra Prasad Singh, learned - 4 - Senior Counsel appearing in support of the writ petition submits that for the said selection there was a counselling done. In that counselling there were large scale irregularity, the Collector of the district got the matter enquired into and cancelled all the counselling in the entire district of various Panchayats including this Panchayat. He ordered fresh counselling and preparation of merit list under supervision of independent observer as appointed by him. He points out that all Mukhiyas in protest against this action of the Collector decided to abstain from the selection process. Mukhiya not being available, the Up-Mukhiya presided over the selection process. The Panchayat Secretary was a member as well. The selection process was duly done and petitioners were appointed. All this was in early part of 2007. No one including the Mukhiya protested and persuade the matter before any authority much less the statutory authority under Rule-18 being the Block Development Officer at that time. Rule-18 as it existed then provided for a limitation of 30 days to file appeal before the Block Development Officer. No such appeals were filed. Ultimately, when Rule-18 was amended and Tribunals were constituted after more than 1½ years individual appeals were filed making individual grievances. No appeal was filed by the Mukhiya again though Mukhiya has turned up before this Court to support the order of the Tribunal in cancelling the selection process. Mr. Singh further submits that even though the order of the Tribunal is unsustainable on facts, the order cannot be sustained as it does take into account the aspect of limitation in preferring the appeal. He further submits that mere notice to parties - 5 - who are likely to be adversely affected is not enough, the parties must be given all papers and documents on which any party seek to rely. There must be proper hearing and parties must be given opportunity to file rejoinders and argue their individual cases. Nothing like this was done. Thus, he submits that petitioners were denied proper opportunity to defend their case. Having heard Mr. Basant Kumar Choudhary, Mr. Rajendra Prasad Singh, learned Senior Counsels and learned counsel for the State, in my view, it is a fit case in which the matter must be remanded to the Tribunal for fresh consideration after setting aside the order of the Tribunal dated 27.10.2009. The Tribunal would take up each case individually and notice the parties involved therein. The Tribunal is there in terms of Section-18 as a Tribunal to resolve lis inter–party and not as a Court of inherent jurisdiction to deal with matters in public interest. It is only individual disputes as and when raised to the extent raised that can be decided. This must be kept in mind by the Tribunal. The Tribunal must make over copies of the applications filed by various persons to their contesting respondents who are made parties therein. The Tribunal would then hear the parties and decide the cases in respect of enough reliefs as sought by them. As petitioners are aware of this order they would file a copy of this order before the Tribunal within two weeks. The Tribunal would then fix a date not later than one month and notice the appellants. In the meantime, the Tribunal would comply with the procedural requirements, as noted above, then hear all the parties and decide the - 6 - matter. It is expected that the Tribunal would finally dispose of the matter within three months from the date of production of a copy of this order before the Tribunal. With these observations, the writ petition stands disposed of. Trivedi/ (Navaniti Prasad Singh, J.)