NAUSHABA NAAZ v. THE STATE OF BIHAR

TEACHERS EMPLOYMENT, NAWADAH. 4.THE EDUCATION, NAWADAH. 5.THE BLOCK DEVELOPMENT OFFICER CUM APPELLATE AUTHORITY, ROH, CONSTITUTED UNDER THE BIHAR PANCHAYAT PRIMARY TEACHERS SERVICE (EMPLOYMENT CONDITIONS) RULES 2006. 6.THE BLOCK OFFICER, NAWADAH. 7.MD. QURBAN ALI, S/O LATE ABDUL QADIR, R/O VILLAGE KOPIN, P.O BIJU BIGHA, P.S SITAMARHI, DISTRICT NAWADAH, MUKHIYA OF PANCHAYAT RAJ, AKRI PANDEY BIGHA WITHIN THE DISTRICT OF NAWADAH. 8.SHRI NARESH SINGH, S/O LATE DWARIKA SINGH, R/O VILLAGE CHAUGAON, P.O LAUNDH, P.S. SIRDALA, DISTRICT NAWADAH, PANCHAYAT SECRETARY, PANCHAYAT RAJ AKRI PANDEY BIGHA WITHIN THE DISTRICT OF NAWADAH. EXTENSION DISTRICT MESCOR, ……………………RESPONDENTS. ---------------------------------- WITH CIVIL WRIT JURISDICTION CASE NO.12989 OF 2009 PUSHPA KUMARI, W/O SHRI VINOD PRASAD SINGH, R/O VILLAGE DHANGAWAN, P.O. BIJU BIGHA, P.S SITAMARHI, DISTRICT NAWADAH. …………………PETITIONER. VERSUS OF DISTRICT SUPERINTENDENT

1.THE STATE OF BIHAR. 2.THE DISTRICT MAGISTRATE, NAWADAH. 3.THE APPELLATE TRIBUNAL FOR DISTRICT TEACHERS EMPLOYMENT, NAWADAH. 4.THE EDUCATION, NAWADAH. 5.THE BLOCK DEVELOPMENT OFFICER CUM APPELLATE AUTHORITY, ROH, CONSTITUTED UNDER THE BIHAR PANCHAYAT PRIMARY SERVICE (EMPLOYMENT TEACHERS CONDITIONS) RULES 2006. 6.THE BLOCK OFFICER, NAWADAH. 7.MD. QURBAN ALI, S/O LATE ABDUL QADIR, R/O VILLAGE KOPIN, P.O BIJU BIGHA, P.S SITAMARHI, DISTRICT NAWADAH, MUKHIYA OF PANCHAYAT RAJ, AKRI PANDEY BIGHA WITHIN EXTENSION DISTRICT EDUCATION MESCOR, BLOCK & 3 THE DISTRICT OF NAWADAH. 8.SHRI NARESH SINGH, S/O LATE DWARIKA SINGH, R/O VILLAGE CHAUGAON, P.O LAUNDH, P.S. SIRDALA, DISTRICT NAWADAH, PANCHAYAT SECRETARY, PANCHAYAT RAJ AKRI PANDEY BIGHA WITHIN THE DISTRICT OF NAWADAH. ……………………RESPONDENTS. ---------------------------------- WITH CIVIL WRIT JURISDICTION CASE NO.12990 OF 2009 JYOTI VERMA, W/O SHRI AJIT KUMAR, R/O VILLAGE DHANGAWAN, P.O. BIJU BIGHA, P.S SITAMARHI, DISTRICT NAWADAH. …………………PETITIONER. VERSUS & OF DISTRICT SUPERINTENDENT

1.THE STATE OF BIHAR. 2.THE DISTRICT MAGISTRATE, NAWADAH. 3.THE APPELLATE TRIBUNAL FOR DISTRICT TEACHERS EMPLOYMENT, NAWADAH. 4.THE EDUCATION, NAWADAH. 5.THE BLOCK DEVELOPMENT OFFICER CUM APPELLATE AUTHORITY, ROH, CONSTITUTED UNDER THE BIHAR PANCHAYAT PRIMARY TEACHERS SERVICE (EMPLOYMENT CONDITIONS) RULES 2006. 6.THE BLOCK OFFICER, NAWADAH. 7.MD. QURBAN ALI, S/O LATE ABDUL QADIR, R/O VILLAGE KOPIN, P.O BIJU BIGHA, P.S SITAMARHI, DISTRICT NAWADAH, MUKHIYA OF PANCHAYAT RAJ, AKRI PANDEY BIGHA WITHIN THE DISTRICT OF NAWADAH. 8.SHRI NARESH SINGH, S/O LATE DWARIKA SINGH, R/O VILLAGE CHAUGAON, P.O LAUNDH, P.S. SIRDALA, DISTRICT NAWADAH, PANCHAYAT SECRETARY, PANCHAYAT RAJ AKRI PANDEY BIGHA WITHIN THE DISTRICT OF NAWADAH. EXTENSION DISTRICT EDUCATION MESCOR, BLOCK ……………………RESPONDENTS. ---------------------------------- WITH CIVIL WRIT JURISDICTION CASE NO.13045 OF 2009 VINOD KUMAR’SUMAN’,S/O SHRI BHUNESHWAR PRASAD, R/O VILLAGE KENDUA, P.O-G.B. 4 KENDUA, P.S SIRDALA, DISTRICT NAWADAH. …………………PETITIONER. VERSUS & OF DISTRICT SUPERINTENDENT

1.THE STATE OF BIHAR. 2.THE DISTRICT MAGISTRATE, NAWADAH. 3.THE APPELLATE TRIBUNAL FOR DISTRICT TEACHERS EMPLOYMENT, NAWADAH. 4.THE EDUCATION, NAWADAH. 5.THE BLOCK DEVELOPMENT OFFICER CUM APPELLATE AUTHORITY, ROH, CONSTITUTED UNDER THE BIHAR PANCHAYAT PRIMARY TEACHERS SERVICE (EMPLOYMENT CONDITIONS) RULES 2006. 6.THE BLOCK OFFICER, NAWADAH. 7.MD. QURBAN ALI, S/O LATE ABDUL QADIR, R/O VILLAGE KOPIN, P.O BIJU BIGHA, P.S SITAMARHI, DISTRICT NAWADAH, MUKHIYA OF PANCHAYAT RAJ, AKRI PANDEY BIGHA WITHIN THE DISTRICT OF NAWADAH. 8.SHRI NARESH SINGH, S/O LATE DWARIKA SINGH, R/O VILLAGE CHAUGAON, P.O LAUNDH, P.S. SIRDALA, DISTRICT NAWADAH, PANCHAYAT SECRETARY, PANCHAYAT RAJ AKRI PANDEY BIGHA WITHIN THE DISTRICT OF NAWADAH. EXTENSION DISTRICT EDUCATION MESCOR, BLOCK ……………………RESPONDENTS. ---------------------------------- WITH CIVIL WRIT JURISDICTION CASE NO.13046 OF 2009. SANJEEV KUMAR, S/O SHRI NARESH SINGH, R/O VILLAGE CHAUGAON, P.O. LAUNDH, P.S SIRDALA, DISTRICT NAWADAH. …………………PETITIONER. VERSUS DISTRICT

1.THE STATE OF BIHAR. 2.THE DISTRICT MAGISTRATE, NAWADAH. 3.THE APPELLATE TRIBUNAL FOR DISTRICT TEACHERS EMPLOYMENT, NAWADAH. 4.THE EDUCATION, NAWADAH. 5.THE BLOCK DEVELOPMENT OFFICER CUM APPELLATE AUTHORITY, ROH, CONSTITUTED UNDER THE BIHAR PANCHAYAT PRIMARY TEACHERS SERVICE (EMPLOYMENT CONDITIONS) RULES 2006. SUPERINTENDENT OF & 5 BLOCK BLOCK MESCOR, EDUCATION EXTENSION DISTRICT

6.THE OFFICER, NAWADAH. 7.MD. QURBAN ALI, S/O LATE ABDUL QADIR, R/O VILLAGE KOPIN, P.O BIJU BIGHA, P.S SITAMARHI, DISTRICT NAWADAH, MUKHIYA OF PANCHAYAT RAJ, AKRI PANDEY BIGHA WITHIN THE DISTRICT OF NAWADAH. 8.SHRI NARESH SINGH, S/O LATE DWARIKA SINGH, R/O VILLAGE CHAUGAON, P.O LAUNDH, P.S. SIRDALA, DISTRICT NAWADAH, PANCHAYAT SECRETARY, PANCHAYAT RAJ AKRI PANDEY BIGHA WITHIN THE DISTRICT OF NAWADAH. 03/ 12.12.2011 ---------------------------------- Heard counsel for the parties. ……………………RESPONDENTS. In a batch of all these six writ petitions, the impugned order being the common and the same, they have been heard together and are being disposed of by this common order. The petitioners pursuant to the process of selection undertaken for filling up the post of Panchayat Shikshak in gram Akri Pandey Bigha are said to have been selected and appointed sometime in the month of April 2007. Their such appointment was initially made subject matter of general inquiry by the Block Development Officer, who at the relevant point of time in the month of July 2007 was also having the power of appellate Authority in terms of Rule 18 6 Bihar Panchayat Primary Teacher (Employment & Service Conditions) Rules,

2006. The petitioners thereafter have continued in service but their such appointment came to be questioned at the instance of the unsuccessful candidates, who had alleged that not only the petitioners were untrained hand but in fact had secured much lesser marks than them and the mukhiya of the gram panchayat in league with the Panchayat Secretary had not completed the process of counseling by giving information to all the candidates, as a result whereof more meritorious candidates were left out. The District Teachers Appellate Authority, by the appellate order dated 07.09.2009 has set aside the appointment of all the petitioners on various grounds, which now need not to be dealt with in view of the order that this court proposes to pass in this case. Admittedly, the Authority before passing such order seeking to terminate the services of the petitioners had neither issued notice to them nor had given them opportunity of hearing. By now, it is well 7 settled that the principle of natural justice would definitely apply to a person who already has been appointed in service and is continuing on the basis of valid appointment letter. In this case, there is no doubt that earlier the petitioners were appointed under the decision of the gram panchayat had continued in service for more than two years before their services were sought to be terminated by the order of the Authority. It is really unfortunate for this Court to note that, the Authority, a quashi judicial body literally is indulging in large scale of malpractices of interfering with the order of appointments and setting them aside even without issuing notice to the affected parties. The Authority was created only by way of replacing the executive Authorities for giving a fair treatment to the complaints relating to service conditions of Teachers but the manner in which the Authorities have functioned, leave a lot desired. Be that as it may, when this Court is not in a position to accept the submission 8 of learned counsel for the petitioners that the order of the Authority was actually by way of reviewing of an earlier order passed by the Block Development Officer on

08.06.2007, and the complaint against the appointments filed by the Authority was worth consideration, this Court would only hold the order of the Authority to be bad on the ground of its being in violation of the principles of natural justice. Accordingly, all these applications are allowed to the extent of quashing the impugned order passed by the Authority dated

07.09.2009, and the matter is now remitted back to the District Teachers Appellate Authority to decide the issues involved in the connected complaints only on merits and without being influenced by any of the earlier order and/or the decision of the Block Development Officer dated 08.06.2007. The petitioners in view of interim order of stay of termination of service, passed by this Court on 4.1.2010 would continue to work till the Authority would take its final decision but then as the dispute is quite old, this court would also direct the 9 Authority to ensure that the said complaint regarding appointment of the petitioners must be adjudicated and decided within a period of four months from the date of receipt/production of a copy of this order. In order to expedite this matter, this Court would direct the petitioners as also the contesting/private respondents to appear before the Authority on 16.01.2012, whereafter the Authority shall proceed to decide the matter afresh. All the records relating to appointment and selection of the petitioners and others must be produced by the concerned Panchayat Secretary before the Authority on or before 16.01.2012 failing which the Panchayat Secretary shall not be paid his salary. The final decision once taken by the Authority would be implemented without awaiting for any other judicial remedy that may be taken by the concerned parties. With the aforementioned observation direction, applications