IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7053 of 2009 Himanshu Kumar Shekhar@ Himanshu Shekhar, son of Shri Dhirendra Shahi, resident of village – Nandna, P.S. – Minapur, District – Muzaffarpur Versus The State Of Bihar & Ors ---------------------------------- with Civil Writ Jurisdiction Case No.7302 of 2009 Suman Kumar Jha & Ors Versus The State Of Bihar & Ors ---------------------------------- with Civil Writ Jurisdiction Case No.16607 of 2009 1. Suman Kumar Jha S/O Sri Jivanand Jha Vill.- Rahatmina, P.S.- Kursa Kanta, Distt.- Araria 2. Pankaj Kumar Jha S/O Sri Parmanand Jha Vill.- Rahatmina, P.S.- Kursa Kanta, Distt.- Araria 3. Naresh Kumar Yadav S/O Sri Mahendra Yadav Vill.- Doria, P.S.- Kursa Kanta, Distt.- Araria 4. Sanjay Kumar S/O Sri Ramchandra Jha Vill.- Jamuawan, P.S.- Kursa Kanta, Distt.- Araria 5. Mina Devi @ Mina Kumari D/O Sri Krishna Nand Jha Vill.- Rahat Mina, P.S.- Kursa Kanta, Distt.- Araria 6. Sajna Kumari @ Kumari Sajna W/O Sri Candra Shekhar Jha Vill.- Rahat Mina, P.S.- Kursa Kanta, Distt.- Araria 7. Sangita Kumari D/O Sri Ganesh Prasad Vill.- Parbatta, P.S.- Kursa Kanta, Distt.- Araria 8. Amrita Kumari D/O Sri Jaiprakash Yadav Vill.- Parbatta, P.S.- Kursa Kanta, Distt.- Araria 9. Rina Kumari D/O Sri Baleshwar Yadav Vill.- Parbatta, P.S.- Kursa Kanta, Distt.- Araria 10. Umesh Kumar Yadav S/O Sri Giranand Yadav Vill.- Parbatta, P.S.- Kursa Kanta, Distt.- Araria 11. Om Shankar Rishideo S/O Sri Bisheshwar Rishideo Vill.- Kauwan Chand, P.S.- Kursa Kanta, Distt.- Araria 12. Rani Kumari D/O Sri Suresh Mahto Vill.- Tarabari, P.S.- Kursa Kanta, Distt.- Araria 13. Tilotama Kumari D/O Sri Kishunlal Biswas Vill.- Mahesh Khunt, P.S.- Kursa Kanta, Distt.- Araria 14. Rambha Kumari D/O Sri Kripanand Sada Vill.- Doria, P.S.- Kursa Kanta, Distt.- Araria 15. Chandan Kumar Jha S/O Sri Brahmanand Jha Vill.- Rahmat Mina, P.S.- Kursa Kanta, Distt.- Araria 16. Rita Devi D/O Kripanand Mandal Vill.- Parariya, 2 P.S.- Kursa Kanta, Distt.- Araria 17. Gopal Kumar Mandal S/O Sri Bindeshwari Mandal Vill.- Kotakpur, P.S.- Kursa Kanta, Distt.- Araria 18. Arvind Kumar Sardar S/O Sri Harilal Sardar Vill.- Tira Khar, P.S.- Kursa Kanta, Distt.- Araria 19. Nutan Kumari D/O Sri Jai Krishna Rai Vill.- Rahat Mina, P.S.- Kursa Kanta, Distt.- Araria 20. Kewal Kumar Mandal S/O Sri Shyamlal Mandal Vill.- Sanjhia, P.S.- Kursa Kanta, Distt.- Araria 21. Pritu Lina D/O Sri Madan Nath Tiwary R/O Pakar, Panchayat- Rahatmina, P.S.- Kursa-Kanta, Distt.- Araria 22. Himanshu Kumar Sekhar S/O Sri Dhirendra Shahi R/O Vill.- Nandna, P.S.- Minapur, Distt.- Muzaffarpur ………………… Petitioners Versus 1. The State Of Bihar Through The Secretary, Secondary Education, Government Of Bihar, Patna 2. The Director, Secondary Education Bihar, Patna 3. The District Magistrate Araria, Distt.- Araria 4. The Additional Collector Araria, Distt.- Araria 5. The Sub-Divisional Officer Araria, Distt.- Araria 6. The District Superintendent Of Education Araria, Distt.- Araria 7. The Block Development Officer Kursa Kanta Block, Distt.- Araria 8. The Block Education Extension Officer Kursa Kanta, Distt.- Araria 9. The Secretary, Gram Panchayat Raj Rahat Mina, P.S.- Kursa Kanta, Distt.- Araria 10. The Mukhiya Rahat Mina Gram Panchayat, P.S.- Kursa Kanta, Distt.- Araria ……………………… Respondents ---------------------------------- For the Petitioners: Mr. Ram Suresh Roy, Sr. Advocate Mr. Anil Prasad Singh, Advocate Mr. Shashi Kumar, Advocate For the State: Mr. Indeshwari Pd. Mandal, Advocate For the Private Respondent: Mr. Dhirendra Kumar Jha-2, Advocate ********** 04. 08.09.2011 Heard learned counsel for the petitioner and the State. 3 Petitioners in all three Writ Applications have come before this Court for common relief, as such after analogous hearing, these are being disposed of by a common order. Prayer of the petitioners in C.W.J.C. No. 7053 of 2009 and 7302 of 2009, is for quashing of order, passed by the District Teachers Employment Appellate Tribunal, Araria dated 20.05.2009, contained in Memo No. 133, whereby appointment of petitioners have been cancelled and a direction has been issued to conduct fresh counseling on the basis of the applications already received by an impartial Selection Committee and to issue fresh appointment letters in favour of selected candidates. In the third Writ Application, petitioners have prayed for a direction for making payment of their salary for the period they have worked, prior to their termination. The matter relates to appointment of Panchayat Teachers in Gram Panchayat, Rahatmina, in the Block Kursa Kanta in the District of Araria under the provisions of Bihar Panchayat Primary Teachers (Employment and Service Conditions) Rules, 2006. On completion of 4 selection process, appointment letters were issued to successful candidates. Some unsuccessful candidates, whose objections were not being considered by the authorities, started their agitation. This resulted into an enquiry by the Additional Collector, empowered by the District Magistrate, Araria. The Additional Collector found irregularity and illegality in the selection process, and submitted his report before the Block Development Officer, Kursa Kanta, competent authority for entertaining such objections under rule 18 of 2006 Rules. The Additional Collector in his report recommended for cancellation of entire selection / appointment and for conducting fresh counseling. The Block Development Officer passed an order for cancellation of appointment and for fresh counseling. The order passed by the Block Development Officer was challenged by Suman Kumar Jha and others in C.W.J.C. No. 3875 of 2008. The ground for challenging the order, passed by the Block Development Officer was the order being violative of rule of natural justice. The order passed by the Block Development Officer was quashed, but instead of remanding this matter 5 to the Block Development Officer, it was remanded to District Teachers Employment Appellate Tribunal, for fresh consideration, as by that time, 2006 Rules had been amended and under the provisions of amended 2008 Rules, the District Appellate Tribunal was authorized to decide such matters. The Appellate Tribunal, giving opportunity to all concerned, has passed an order, which is under challenge in these Writ Applications. On perusal of the impugned order under challenge, I find that the Tribunal, in order to reach any conclusion perused all connected records. The records connected with the selection process disclosed serious irregularities, committed in the selection of Panchayat Teachers. The Mukhiya and Panchayat Secretary, whose sons, son-in-law, nephew and other relatives were the applicants, were the members of the Selection Committee. Relatives of Mukhiya and Panchayat Secretary were selected and appointed despite the fact having lower percentage of marks. The trained candidates, who had applied for the posts, were not noticed to participate in counseling. Reservation policy, mandatory to be observed, was 6 ignored. Persons having higher marks were not considered on irrelevant grounds and applicants having lower marks were selected. Besides, these grounds, there were other irregularities also noticed by the Tribunal, which resulted into the cancellation of entire appointment by the Selection Committee. A direction was issued for fresh counseling on the basis of applications already received, observing the rules and finally come with a selection list in accordance with law. I do not find any merit in any of the ground taken by the petitioners for challenging the impugned order. Leaving apart all other grounds, a single ground with regard to participation of Panchayat Secretary and Mukhiya, Membes of Selection Committee in which their son, son-in- law, nephew and other relatives were applicants is sufficient for scraping the entire selection panel. Accordingly, I find that the relief prayed by the petitioner regarding quashing of the order, passed by the Tribunal has got no merit. This application is dismissed with following observations and directions: (i) A fresh Selection Committee shall be 7 constituted, of which the Mukhiya and Panchayat Secretary, who were holding the post at the relevant time, when the selection process had been conducted will not be member of the Selection Committee, as their relatives were applicants. (ii) Counseling of the candidates will be conducted on the basis of the applications, already received. (iii) Notices will be issued to all candidates, whose applications have been scrutinized and found proper for the purposes of counseling. (iv) Date, fixed, will be circulated widely, besides issuance of notice. (v) All selection process must be completed within two months from the date of issuance of notice to the applicants, in accordance with law. Prayer of the petitioners in C.W.J.C. No. 16607 of 2009 is for a direction to make payment of their salary for the period, they have worked. Counsel for the petitioners submit that on account of status-quo order passed in their 8 favour, petitioners have continued to discharge their duties, as such they are entitled for salary for the period they have worked. The Writ Application is being disposed of, directing the respondent authorities to examine the claim of the petitioner and make payment of their salary for the period they have actually worked. (Mridula Mishra, J.) SKM