IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5479 of 2008 1. Aman Kumar son of Sri Rajeshwar Prasad Mandal. 2. Anju Kumari D/o Sri Rajeshwar Pd. Mandal. 3. Arvind Kumar son of Sri Rajeshwar Pd. Mandal 4. Abhinandan Prasad Sinha son of Shri Shivanandan Prasad Mandal. 5. Anita Kumari Nandani, D/o Sri Shivanandan Prasad Mandal. 6. Nitu Kumari D/o Sri Shivanandan Prasad Mandal. Petitioner nos. 1 to 6 are of village & P.O. Auray, P.S. Puraini, District Madhepura. 7. Arun Kumar Singh son of Sri Sundar Mandal. 8. Arjun Kumar Singh son of Sri Sundar Mandal. 9. Ambika Bharati son of Sri Kaladhar Mandal. Petitioner nos. 7 to 9 are of village & P.O. Kheraho, P.S. Puraini, District Madhepura. 10. Sunil Kumar Bharati son of Sri Manveshwar Mehtar. 11. Anil Kumar Mehtar son of Sri Manveshwar Mehtar. 12. Bipin Kumar son of Sri Upendra Sharma, Petitioner nos. 10 to 12 are of village and Post Office Auray, P.S. Puraini, District Madhepura………………………………………………………….………..Petitioners Versus 1. The State Of Bihar. 2. The Secretary, Secondary, Primary and Adult Department of Education, Govt. of Bihar, Patna. 3. The D.M. Madhepura. 4. The District Superintendent of Education, Madhepura. 5. The Block Development Officer, Purani, District Madhepura. 6. The Area Extension Education Officer, Purani, District Madhepura. 7. The Pramukh Block Panchayat Samittee Pureni, District Madhepura. 8. The Head Master, Primary School, Auraydih. 9. The Head Master, Primary School, Lalitola. 10. The Head Master, Primary School, Maruahi. 11. The Head Master, Primary School, Chengahi. 12. The Head Master, Urdu Primary School, and Middle School, Auray. 13. The Head Master, Middle School Kheraho, Respondent nos. 8 to 13 are of P.S. and Anchal Pureni, District Madhepura. 14. The Mukhiya, Gram Panchayat Raj Auray, Block and P.S. Pureni, District Madhepura. 15. The Secretary, Gram Panchayat Raj Auray, Block and P.S. Pureni, District Madhepura. 2 16. Pawan Kumar, son of Sri Yogendra Sharma, resident of Village Auray at present selected as a Shiksha Mitra in Primary School, Auraydih. 17. Arun Kumar son of Sri Bhagavan Prasad Sharma resident of Village Auray at present selected as a Shiksha Mitra in Primary School, Lalitola. 18. Manoj Kumar son of Satya Narayan Sharma, resident of Village Auray at present selected as a Shiksha Mitra in Primary School, Maruahi. 19. Anju Kumar Anjan son of Saryug Pd. Mandal, resident of Village Auray at present selected as a Shiksha Mitra in Primary School, Chengahi. 20. Shrinivas Kumar son of Shri Hardev Mandal, resident of Village Auray at present selected as a Shiksha Mitra in Primary School, Chengahi. 21. Dharmenra Kumar Ranjan son of Sri Kamaleshwari Pd. Singh, resident of Village Auray at present selected as a Shiksha Mitra in Urdu Primary School, Auray 22. Lalu Kumar son of Sri Vilas Singh, resident of Village Auray at present selected as a Shiksha Mitra Maruahi. 23. Chaturbhuj Kumar son of Gopal Singh Bihari, resident of Village Kheraho at present selected as a Shiksha Mitra, in Middle School, Kheraho. 24. Sanjay Kumar son of Rajedra Pd. Singh, resident of Village Auray, at present selected as a Shiksha Mitra in Urdu Primary School, Auray. 25. Satya Prakash Gupta son of Sri Damodar Gupta, resident of Village Auray at present selected as in Primary School, Chengari. 26. Subodh Kumar Poddar son of Khublal Poddar, resident of Village Maruvahi at present selected as a Shiksha Mitra in Primary School, Lalitola. 27. Pawan Kumar Ranjan son of Sri Triveni Rajak resident of Village Kheraho at present selected as a Shiksha Mitra in Urdu Primary School, Auray. 28. Ramesh Ram son of Vindeshwari Ram resident of Village Auray at present selected as a Shiksha Mitra in Urdu Primary School, Auray. 29. Smt. Nilam Kumari W/o Ratan Kumar Shrivastava resident of Village Lali Tola at present selected as a Shiksha Mitra in Primary School, Maruahi. 30. Renu Kumari wife of Sunil Kumar Choudhary resident of Village Auray at present selected as a Shiksha Mitra in Primary School, Maruvahi. 31. Smt. Puja Kumari D/o Mithilesh Sahrma, resident of Village Kheraho and at present selected as a Shiksha Mitra in Primary School, Chengahi. 3 32. Smt. Ritu Raj wife of Mithilesh Singh, resident of Village Kheraho at present selected as a Shiksha Mitra in Primary School, Kheraho. 33. Smt. Navita Kumari W/o Brajesh Kumar, resident of Village Auray, at present posted as a Shiksha Mitra in Primary School, Auraydih. Respondent nos. 16 to 33, are residential and presently of Anchal and P.S. Purani, District Madhepura…….Respondents ----------- 7 21.07.2011 Heard learned counsel for the petitioners as well as learned counsel for the respondents. On the matter being remitted back from this Court, the Collector, Madhepura has passed an order, vide Annexure-1, rejecting the claim of the petitioners. Learned counsel for the petitioners submits that though the Collector has mentioned that he perused the records, he did not peruse the same and did not examine the individual cases of petitioners and has rejected their claims without looking into the grounds being established from the records. This Court, in normal course, would have set aside the order and would have remitted the matter back to the Collector, Madhepura to consider the claim of the petitioners individually in specific 4 reference to the records. However, by the amendment in the Rules in 2008, the Collector has been divested off the powers to entertain any complaint and a statutory Appellate Authority has been set up to look into the grievances in respect of employment or otherwise of Panchayat Teachers. The Appellate Authority has been empowered to look into pending matters in respect of Shikha Mitra also In the circumstances, this Court grants liberty to the petitioners to approach the concerned Appellate Authority in the matter within four weeks from today. If they do so, the Appellate Authority shall call for the original records from the Panchayat concerned, issue notice to the concerned parties, get notice served upon them through the office of the Panchayat itself and shall hear the parties and decide the matter positively within three months from the date of filing of appeal/representation by petitioners. While considering the grievances of the petitioners, the Appellate Authority shall make specific reference to the records for 5 accepting or rejecting their stand which must reflect in its order. It is made clear that the impugned order of the Collector shall not in any way weigh with the Appellate Authority and it shall not take it into account for any purpose while deciding the matter of petitioners on merits. The writ application is disposed of with the aforesaid observations and directions. BT (J. N. Singh, J.)