IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12966 of 2010 1. SANJAY BOSAK S/O PREMANAND BASAK R/O VILL.- PANASI,POST-PANASI HAT,P.S.- PHARKATTA,BLOCK-POTHIA,DIST.-KISHANGANJ. 2. JHULAN BASAK W/O SANJEET BOSAK R/O VILL.- PANASI,POST-PANASI HAT,P.S.- PHARKATTA,BLOCK- POTHIA,DIST.-KISHANGANJ. 3. RANJEET KUMAR BASAK S/O LATE LALIK BOSAK R/O VILL.- PANASI,POST-PANASI HAT,P.S.- PHARKATTA,BLOCK-POTHIA,DIST.-KISHANGANJ. Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY DEPARTMENT OF HUMAN RESOURCES, GOVT.OF BIHAR, PATNA. 2. DIRECTOR PRIMARY EDUCATION, GOVT.OF BIHAR, PATNA. 3. DISTRICT SUPERINTENDENT OF EDUCATION, KISHANGANJ. 4. BLOCK DEVELOPMENT OFFICER, POTHIA, KISHANGANJ. 5. DISTRICT TEACHERS APPOINTMENT TRIBUNAL, KISHANGANJ. 6. DHYANI PASWAN SECRETARY ZILA DALIT VANCHIT KALYAN SAMITI, KISHANGANJ. 7. MUKHIYA GRAM PANCHAYAT RAJ PANSAI,P.O.- PANSAI HAT,BOCK-POTHIA,DIST.-KISHANGANJ. 8. MUKHIYA GRAM PANCHAYAT RAJ JAHANGIRPUR ,BOCK-POTHIA,DIST.-KISHANGANJ. ----------- For the Petitioner:- Amaresh Kumar Sinha, Advocate. For the State:- S. P. Parasar, A.C. to G.P. 21, --------------------------- 2. 06.04.2011 Annexure-1 is the order passed by the District Teachers Employment Appellate Authority, Kishanganj in Appeal No. 414 of 2009. It is evident from reading of the opening sentence of the order contained in Annexure-1 that the appeal was filed by the Secretary of the District Dalit Vanchit (Deprived) Kalyan Samiti, Kishanganj raising a grievance that 2 certain persons including the petitioners have been wrongly appointed on the post of Panchayat Shiksha Mitra and thereafter, as Panchayat Teacher under the category of Scheduled Caste illegally since they do not belong to Scheduled Caste category. Such a complaint was entertained and by a detailed decision a declaration was made that the petitioners and many similarly situated persons were not Scheduled Caste and, therefore, their appointments was declared to be in valid. Learned counsel for the petitioners submit that Dhyani Paswan cannot be treated to be a person aggrieved as he was neither a claimant to the post nor he was an applicant for appointment. A class action of this kind could not have been entertained by the District Teachers Employment Appellate Authority. The other limb of challenge is that so long as the caste certificate issued by the competent authority is not withdrawn or declared to be invalid by a Court of competent jurisdiction, it is none of the business of the District Teachers Appointment Appellate Authority to do so as such powers are not vested in such a forum. Counter affidavit on behalf of the State 3 does not answer both these objections raised on behalf of the petitioners though learned counsel for the State fairly submits that within the parameters of the rules and the constitution of such forum a class action may not be entertainable nor can a tribunal declare a caste certificate issued by a competent authority to be invalid. That being the position petitioner has made out a case for interference with the impugned order, as both the points operate in favour of the petitioners. In the opinion of this Court the Appellate Authority, Kishanganj has acted beyond jurisdiction in maintaining the complaint as well as acting like a Civil Court in declaring the caste certificate of the petitioner to be invalid. The order contained in Annexure-1 dated 1.6.2010 passed in Appeal No. 414 of 2009 is quashed and the writ application is allowed. It goes without saying that quashing of the impugned order would entail that the petitioners would be required to be restored to the status quo ante as if the order never came to be passed. Anand Kr. ( Ajay Kumar Tripathi, J.)