IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8555 of 2009 1.ABDUL HANAN son of Jamir Akhtar , resident of village & P.O. Balha, via Rajnagar, P.S. Rajnagar,Dist.Madhubani. 2.Sunil Kumar Singh, son of jagdish Narain Singh, resident of Village Karhiya, P.O. Balha, P.S. Rajnagar, Dist. Madhubani. 3.Aradhana Kumari, daughter of Late Kashi Rai, resident of village Satgarha, P.O.Rajnagar, P.S. Rajnaga, Dist. Madhubani. …….Petitioners. Versus 1.THE STATE OF BIHAR 2.The Commissioner –cum Secretary, Human Resource Development Department,Govt. of Bihar, Patna. 3.The Director Primary Education, Govt. of Bihar, Patna. 4.The District Superintendent of Education, Madhubani. 5.The Block Develolpment Officer, Rajnagqr Block, Madhubani. 6. The Panchayat Sachiv, Patwara Uttari Gram Panchayat Rajnag Block, Dist. Madhubani. 7. The Mukhiya Uttari Gram Panchayat, Rajnagar Block, Dist. Madhubani. ----------- 2 6.8.2009 Heard learned counsel for the petitioners and the counsel appearing for the State. Petitioners were appointed as Panchayat Teacher in Patwara Uttari Panchayat on 16.8.2007 considering their training qualification of two years of B.T.C. Training from Gandhi Hindi Vidyapith, Prayag , Allahabad. After petitioner’s remaining in service for two years, the District Superintendent of Education, Madhubani issued letter No. 1132 dated 13.5.2009, directing the Panchayat Sachiv , Patwari Uttari Gram Panchayat, to cancel petitioners appointments, for the reason that they were appointed on the basis of certificate obtained from Gandhi Hindi Vidyapeeth, Prayag, Allahabad. On the direction of the District Superintendent of Education, Madhubani, the Panchayat Secretary issued letter no. 15 dated 10.6.2009 canceling appointment of petitioners and others. Prayer of the petitioners is for quashing order contained in letter no. 1132 dated 13.5.2009 issued by the District Superintendent of Education , Madhubani as well as the order - 2 - contained in letter no. 16 dated 10.6.2009 issued by the Panchayat Secretgary , Patwari Uttari Gram Panchayat. The order issued by the D.S.E. has been challenged on the ground that it is completely without jurisdiction in view ofRule 18 of the Bihar Panchayat Primary Teachers Appointment and Service Condition Rule 2006 as only the Block Development Officer is authorized to take decisions in the matter relating to the legality of appointment of a Panchayat Teacher. The Block Development Officer is only authorized to exercise powers of an appellate authority. So far the District Superintendent of Education is concerned, he has no been vested with powers to exercise such jurisdiction under the rules. Counsel for the petitioners further submits that since the Panchayat Secretary has issued termination order on the direction of District Superintendent of Education, as such both the order are completely illegal arbitrary and without jurisdiction. Further contention of the petitioners is that the B.T.C. training certificate issue by the Gandhi Hindi Vidyapeeth, Prayag, Allahabad, prior to 1995 has been treated as a valid degree for being appointed as trained Panchayat Teacher. This matter was considered and decided by the High Court in C.W.J.C. No. 10370 of 2008 and analogous cases and it has been held that the Govt. has also taken a decision in this regard that teachers who are appointed on the basis of training certificate issued prior to 1995 from this institution their appointments will be treated as legal. Considering the submissions of the counsel for the petitioners, Rule 18 of 2006 rule relating to appointment of Panchayat Teacher and - 3 - decision of this Court in C.W.J.C. No. 10370 of 2008,impugned order contained in Annexure 1 and 1A are quashed. The respondents Panchayat Secretary and Mukhiya of Patwara Uttari Panchayat in the district of Madhubani are directed to reinstate the petitioners on the post with all consequential benefits. This application is allowed. (Mridula Mishra, J) M.Rahman