IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14709 of 2008 SANGITA KUMARI, W/O SHRI RAJESH KUMAR, R/O VILLAGE & POST OFFICE-HATI, P.S.-KAKO, DISTRICT-JEHANABAD. ………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, NEW SECRETARIAT, PATNA. 3. THE DIRECTOR, PRIMARY EDUCATION, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, NEW SECRETARIAT, PATNA. 4. THE DISTRICT MAGISTRATE, JEHANABAD. 5. THE DISTRICT SUPERINTENDENT OF EDUCATION-CUM-DISTRICT COORDINATOR, SARVA SHIKSHA ABHIYAN, JEHANABAD. 6. THE MUKHIYA, GRAM PANCHAYAT, SULEMANPUR, KAKO, JEHANABAD. 7. SMT.MANJU KUMARI, W/O SHRI TAPENDRA KUMAR SHARMA, R/O VILLAGE & P.O.-HATI, P.S.-KAKO, DISTRICT-JEHANABAD. 8. SHRI RAVI SHANKAR KUMAR, S/O SHRI TAPENDRA KUMAR SHARMA, R/O VILLAGE AND P.O.-HATI, P.S.-KAKO, DISTRICT- JEHANABAD. …………RESPONDENTS. ----------- 2 24.11.2011 Petitioner has filed this writ application challenging part of the order of the Collector, as contained in annexure- 11, by which while directing to cancel the appointment of respondent no.7 as Panchayat Teacher he has allowed the respondent no.8 to continue and has held his appointment as valid. The order of the Collector was passed on 03.07.2008 when the 2006 Rules had already come into force. Under the Rules, the Collector had no jurisdiction to 2 pass orders in respect of appointment or service conditions of Panchayat Teachers. In the circumstances, the order of the Collector is without jurisdiction. The same is accordingly quashed. Quashing of the said order amounts to revival of the proceeding before the district authorities which was taken up on the complaint of the petitioner. In the circumstances, the Collector or the concerned authorities of the State are directed to transmit the entire records, including all reports received by them in connection with age etc. of respondent nos.7 and 8, to the statutory Appellate Authority constituted under the Rules, in terms of 2008 amendment, positively within four weeks from the date of receipt/production of a copy of this order. On receipt of the records, the Appellate Authority shall issue notice to respondent nos.7 and 8 as well as the petitioner, shall call for the original records from the concerned Panchayat, if necessary, and shall decide the matter positively within three months from the date of receipt of 3 the records from the district authorities in accordance with law on merits, without going into the question of limitation. The respondent nos. 7 and 8 shall be at liberty to question the locus of the petitioner before the Appellate Authority. The writ application is disposed of with the aforesaid observations and directions. Arvind/ ( J.N. Singh, J.)