Patna High Court - Orders
Rajesh Kumar vs The State Of Bihar & Ors on 8 July, 2014
Author: Sharan Singh
Bench: Sharan Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4753 of 2010
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Rajesh Kumar S/O Late Radhe Ram R/O Vill Dedaur, P.S. Bakhtiarpur,
Distt-Patna
.... .... Petitioner/s
Versus
1. The State Of Bihar through the Secretary, Human Resources
Development Department Bihar, Patna
2. Secretary, Human Resources Development Department Bihar, Patna
3. Zila Shikshak Niyojan Appelia Pradhikar Patna Through Its Member ,
Computer Bhawan , Rajkiya Dwadasiya Balika Uccha Vidyalaya, Bankipur,
Golghar, Patna
4. Secretary, Secondary Adult Education Department Government of
Bihar, Patna
5. District Superintendent of Education Patna
6. Prakhand Shiksha Prasar Padadhikari Bakhtiarpur, Distt-Patna
7. Panchayat Sacheev, Gram Panchayat Champapur, Bakhtiarpur,Patna
8. Pradhan Shiksha Prathmik Vidyalaya Bariyarpur, P.S. Bakhtiarpur,
Distt-Patna
9. Randhir Kumar son of Late Ramashish Singh, resident of village- Dedor,
P.S. Bakhtiarpur, District-Patna.
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.6801 of 2010
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Randhir Kumar S/O Late Ramashish Singh R/O Vill.- Dedour, P.O. & P.S.-
Bakhtiyarpur, Distt.- Patna
.... .... Petitioner/s
Versus
1. The State Of Bihar
2. The District Magistrate, Patna
3. The District Superintendent of Education, Patna
4. The Block Development Officer, Bakhtiyarpur, Patna
5. The Mukhiya, Gram Panchayat Raj, Champapur P.O.- Champapur, P.S.
Bakhtiyarpur, Distt.- Patna
6. The Panchayat Sachiv, Gram Panchayat Raj, Champapur P.O.-
Champapur, P.S. Bakhtiyarpur, Distt.- Patna
7. Rajesh Kumar S/O Late Radhe Ram R/O Vill.- Dedour, P.O. & P.S.
Bakhtiyarpur, Distt.- Patna
.... .... Respondent/s
======================================================
Appearance :
(In CWJC No.4753 of 2010)
For the Petitioner/s : Mr. Shailendra Kumar Sinha
Mr. Raj Kumar
For the Respondent No. 9 : Mr. Prem Nath Singh
Mr. Arjun Prasad Singh
For the State : Mr. Madhukar Mishra, A.C. to S.C.-31
: Mr. Rakesh Ambastha, A.C. to A.A.G.-15
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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI
SHARAN SINGH
Patna High Court CWJC No.4753 of 2010 (7) dt.08-07-2014
P2/6
ORAL ORDER
7 08-07-20141. The petitioners of C.W.J.C. No. 4753 of 2010 has challenged the order dated 29.10.2009 passed by the District Teacher Employment Appellate Authority, Patna whereby his appointment as Panchayat Shiksha Mitra has been held to be illegal and it has accordingly been cancelled. The order of the Appellate Authority has been passed on an appeal preferred by Respondent No. 9 Randhir Kumar. Respondent No. 9 of C.W.J.C. No. 4753 of 2010 is the petitioner of C.W.J.C. No. 6801 of 2010 wherein he has prayed for a direction to reinstate him on the post of Shiksha Mitra/Panchayat Teacher in terms of Government Notification No. 1219 dated 08.08.2006 and further consider his case for reinstatement/re-appointment from the post of Panchayat Teacher "under the orders of District Teachers Employment Appellate Authority Tribunal, Patna dated 30.10.2009." The petitioner of C.W.J.C. No. 4753 of 2010 has been impleaded as Respondent No. 7 in the second case. Both the applications, in such circumstance, have been heard together with the consent of the parties and are being disposed of by the present common order. Parties are being described as per their position in C.W.J.C. No. 4753 of 2010.
2. Facts are not much in dispute for the purpose of adjudication of the present dispute and are not in controversy at Patna High Court CWJC No.4753 of 2010 (7) dt.08-07-2014 P3/6 all. Respondent No. 9 was appointed as Panchayat Shiksha Mitra, on 21.02.2003 under Champapur Panchayat of Patna District and continued as such till 21.12.2003. Thereafter, he did not work as Shiksha Mitra. He did not raise any grievance against his discontinuance as Shiksha Mitra. Subsequently, the petitioner was appointed as Shiksha Mitra under the Champapur Panchayat vide letter dated 22.02.2006 pursuant to which he is said to have submitted his joining on 27.02.2006. Thereafter, Respondent No. 9 filed a writ application before this Court vide C.W.J.C. No. 12029 of 2007, challenging the petitioner's appointment. However, the writ application was disposed of with a liberty to Respondent No. 9 to prefer appeal before District Teacher Employment Appellate Authority, Patna. Accordingly, Respondent No. 9 preferred the appeal upon which the impugned order dated 30.10.2009 came to be passed. By the impugned order, the Appellate Authority has held that the contract of Respondent No. 9 as Shiksha Mitra was rightly not extended because of his unsatisfactory service. As regards the petitioner, the Tribunal held that his appointment as Shiksha Mitra was made in violation of prescribed Rules and against the Model Code of Conduct for elections which was effective on the date of his joining as Shiksha Mitra i.e. 27.02.2006.
3. The order of the Appellate Authority dated 30.10.2009 is Patna High Court CWJC No.4753 of 2010 (7) dt.08-07-2014 P4/6 being assailed by the petitioner on the ground that it is beyond jurisdiction since after coming into force of Bihar Panchayat Prarambhik Shikshak (Niyojan Avam Seva Shart) Niyamvali, 2006, all Resolutions/Circulars/Guidelines relating to appointment of Shiksha Mitra stood abolished. It has further been contended that jurisdiction of District Teacher Employment Appellate Authority was confined to the selection, appointment and service condition of teachers appointed under the said 2006 Rules with respect to Panchayat Teachers and the Authority did not have any jurisdiction to entertain the dispute relating to validity of appointment as Panchayat Shiksha Mitra. On the other hand, the Respondent No. 9 in C.W.J.C. No. 6801 of 2010 has sought for a direction to appoint the petitioner as Shiksha Mitra and reinstate him on the post of Panchayat Teacher under the order of District Teacher employment Appellate Authority, Patna dated 30.10.2009.
4. So far as relief prayed by Respondent No. 9 in C.W.J.C. No. 6801 of 2010 that he should be reinstated as Panchayat Teacher in terms of the order dated 30.08.2009 passed by the District Teacher Employment Appellate Authority is concerned, I am of the view that it is wholly misconceived. There is no order of the Authority to appoint/reinstate the petitioner. On the other hand the Appellate Authority has held that petitioner's service as Patna High Court CWJC No.4753 of 2010 (7) dt.08-07-2014 P5/6 Shiksha Mitra was discontinued because of his unsatisfactory service. Such finding of the Appellate Authority has not been challenged by Respondent No. 9, Randhir Kumar, the Petitioner of C.W.J.C. No. 6801 of 2010.
5. In any view of the matter, his claim to be appointed as Shiksha Mitra and, thereafter, as Panchayat Shikshak is not maintainable in view of the said 2006 Rules.
6. I find force in submission made on behalf of the petitioner of C.W.J.C. No. 4753 of 2010 Rajesh Kumar that in view of Full Bench judgment of this Court in case of Kalpana Rani Vs. State of Bihar 2014(2) PLJR 665 as well as Division Bench judgment in case of Smt. Renu Kumari Pandey Vs. State of Bihar 2011(4) PLJR 297, no appointment could be made on the basis of Panchayat Shikshak after coming into force of the said Rules, 2006. Learned counsel is right in his submission that the Appellate Authority could not have entertained any dispute with respect to appointment of Shiksha Mitra after coming into force of the aforesaid 2006 Rules. Paragraph 118 of the Full Bench judgment in case of Kalpana Rani Vs. State of Bihar (supra) is being quoted hereinbelow:-
"118. Having thus given my anxious consideration, I am of the view that after 01.07.2006, no person, who was earlier an aspirant for the post of Panchayat Shiksha Mitra, can be appointed only because his or her name figured in the panel of Patna High Court CWJC No.4753 of 2010 (7) dt.08-07-2014 P6/6 Panchayat Shiksha Mitra. The post of Panchayat Shiksha Mitra has been abolished with effect from 1.7.2006 and after abolition of the post, no one can be appointed on the post of Panchayat Teacher on the basis of his mere empanelment of Panchayat Shiksha Mitra. The view taken in the judgment of the Division bench in the case of Smt. Renu Kumari Pandey (supra) is a good law. I will have no hesitation in holding that the earlier Division Bench judgment in the case of Kishori Prasad (supra), for the reasons indicated above, has not correctly decided the law and is, accordingly, overruled."
7. In view of the above, the impugned order dated 30.10.2009 passed by the District Teacher Employment Appellate Authority, Patna, in case No. 1096/09 is set aside.
8. The petitioner Rajesh Kumar is directed to be reinstated in service forthwith, with all consequential benefits including payment of arrears of salary. C.W.J.C. No. 4753 of 2010 is allowed to the extent it relates to cancellation of appointment of petitioner Rajesh Kumar as Panchayat Shikshak is allowed with all consequential benefits.
9. C.W.J.C. No.6801 of 2010 is accordingly dismissed.
(Chakradhari Sharan Singh, J.) Saif/-
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