IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.10743 OF 2007

JAMSHED ALI S/O JAHANGIR HUSSARI, RESIDENT OF VILLAGE SINDHWANIA, P.S. KATEYA, DIST. GOPALGANJ.

…. PETITIONER

VERSUS

1.THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA.

2.THE DIRECTOR, PRIMARY EDUCATION, GOVT. OF BIHAR, PATNA.

3.THE DISTRICT MAGISTRATE, GOPALGANJ.

4.THE DISTRICT SUPERINTENDENT OF EDUCATION, GOPALGANJ.

5.THE BLOCK EDUCATION EXTENSION OFFICER, KATEYA, DIST. GOPALGANJ.

6.THE GRAM PANCHAYAT RAJ, PATKHAULI, P.S. KATEYA, DIST. GOPALGANJ THROUGH ITS MUKHIYA.

7.THE MUKHIYA, GRAM PANCHAYAT RAJ, PATKHAULI, P.S. KATEYA, DIST. GOPALGANJ. 8.THE SECRETARY, GRAM PANCHAYAT RAJ,

PATKHAULI, P.S. KATEYA, DIST. GOPALGANJ.

9.THE BLOCK DEVELOPMENT OFFICER, KATIYA BLOCK, DIST. GOPALGANJ.

…. RESPONDENTS

WITH

CWJC NO.10760 OF 2007 SMT.VEENA KUMARI (DEVI) W/O TEJ NARAIN SAH, RESIDENT OF VILLAGE CHAPANIA, P.S. PALASI, DIST. ARARIA.

…. PETITIONER

VERSUS

1.THE STATE OF BIHAR THROUGH THE COLLECTOR, ARARIA.

2.THE DEPUTY DEVELOPMENT COMMISSIONER, AT, POST OFFICE AND DIST. ARARIA.

3. THE DISTRICT SUPERINTENDENT OF EDUCATION, AT, POST OFFICE AND DIST. ARARIA.

4.THE SUB DIVISIONAL EDUCATION OFFICER, AT, POST OFFICE AND DIST. ARARIA.

5.THE MUKHIYA, PIPRA VIJWARH PANCHAYT, P.S. PALASI, DIST. ARARIA.

…. RESPONDENTS

WITH

CWJC NO.10770 OF 2007 1.MAHENDRA MANDAL S/O RAM JULUM MANDAL, RESIDENT OF GAJWA, P.O. BHOJ PANDAUL, P.S. BISFI, DIST. MADHUBANI.

2.USHA KUMARI, D/O RAM CHANDRA YADAV, RESIDENT OF BHOJ PANDAUL, P.O. BHOJ PANDAUL, P.S. BISFI, DIST. MADHUBANI. 3.RAM KISHORE RAMAN, S/O MADAN KANT YADAV, RESIDENT OF CHAURI, P.O. BIRSAPAR, P.S. SAKRI, DIST. MADHUBANI. …. PETITIONERS

VERSUS

1.THE STATE OF BIHAR THROUGH THE COMMISSIONER CUM SECRETARY, DEPARTMENT OF HUMAN RESOURCES, GOVT. OF BIHAR, PATNA.

2.THE COMMISSIONER CUM SECRETARY, DEPARTMENT OF HUMAN RESOURCES, GOVT. OF BIHAR, PATNA.

3.THE DIRECTOR, DEPARTMENT OF PRIMARY EDUCATION, BIHAR, PATNA.

4.THE DISTRICT MAGISTRATE, MADHUBANI.

5. THE DISTRICT SUPERINTENDENT OF EDUCATION, MADHUBANI.

6.THE BLOCK EXTENSION OF EDUCATION OFFICER, BISFI, MADHUBANI.

7.THE MUKHIA, GRAM PANCHAYAT, BHOJ PANDAUL, P.S. BHOJ PANDAUL, P.S. BISFI, DIST. MADHUBANI.

8.NAGENDRA NATH, S/O LATE DUKHI BHAGAR, RESIDENT OF VILLAGE, P.O. AND P.S. KAMTAUL, DIST. DARBHANGA.

9.MEERA KUMARI, D/O LAXMI YADAV AND W/O PRAMOD KUMAR YADAV, RESIDENT OF VILLAGE + P.O. BHOJ PANDAUL, DIST. MADHUBANI.

10.SURESH KUMAR, S/O RAMBRIKSH MANDAL, RESIDENT OF VILLAGE SALOMPUR, P.O. BHOJ PANDAUL, DIST. MADHUBANI.

…. RESPONDENTS

WITH

CWJC NO.10774 OF 2007 KAMALESH KUMAR S/O SRI JANG BAHADUR SINGH, RESIDENT OF VILLAGE RUPEN, P.S. CHAINPUR, DIST. KAIMUAR. …. PETITIONER

VERSUS

1.THE STATE OF BIHAR.

2. THE COMMISSIONER CUM SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, BIHAR, PATNA.

3.THE DISTRICT MAGISTRATE, KAIMUAR (BHABHUA).

4. THE DISTRICT SUPERINTENDENT OF EDUCATION, KAIMUAR (BHABHUA).

5. THE BLOCK DEVELOPMENT OFFICER OF CHAINPUR BLOCK, DIST. BHABHUA.

6. THE BLOCK EDUCATION EXTENSION OFFICER OF CHAINPUR BLOCK, DIST. KAIMUAR

(BHABHUA). 7.THE MUKHIYA OF THE GRAM PANCHAYAT SIRBIT

OF CHAINPUR BLOCK, DIST. KAIMUAR (BHABHUA).

8.THE PANCHAYAT SIRBIT OF CHAINPUR BLOCK, DIST. KAIMUR (BHABHUA).

9.THE HEAD MASTER, NATIONALIZED MIDDLE SCHOOL MASOI, CHAINPUR, DIST. KAIMUR (BHABHUA).

…. RESPONDENTS

WITH

CWJC NO.10791 OF 2007

NASIBA CHAURASIA W/O SHRI SANJAY KUMAR SINGH, R/O VILLAGE CHINTAMANPUR, GRAM PANCHAYAT RAJ KATAHA, P.S. MEHSI, DIST. EAST CHAMPARAN. …. PETITIONER

VERSUS

1.THE STATE OF BIHAR THROUGH THE SECRETARY, PRIMARY AND ADULT EDUCATION, DEPARTMENT OF HUMAN RESOURCES, GOVT. OF BIHAR, PATNA.

2.THE SECRETARY, DEPARTMENT OF PANCHAYATI RAJ, GOVT. OF BIHAR, OLD SECRETARIAT, PATNA.

3.THE DISTRICT MAGISTRATE, DISTRICT EAST CHAMPARAN AT MOTIHARI, BIHAR.

4. THE DISTRICT SUPERINTENDENT OF EDUCATION, DISTRICT EAST CHAMPARAN AT MOTIHARI, BIHAR.

5. THE BLOCK DEVELOPMENT OFFICER, BLOCK MEHSI, DISTRICT EAST CHAMPARAN, BIHAR.

6. THE BLOCK EDUCATION EXTENSION OFFICER, BLOCK MEHSI, DISTRICT EAST CHAMPARAN, BIHAR.

7.GRAM PANCHAYAT RAJ KATHA, P.S. MEHSI, DIST. EAST CHAMPARAN, BIHAR THROUGH THE PANCHAYAT SACHIV.

8.THE PANCHAYAT SACHIV, GRAM PANCHAYAT RAJ KATHA, P.S. MEHSI, DIST. EAST CHAMPARAN, BIHAR.

9.THE MUKHIYA, GRAM PANCHAYAT RAJ KATHA, P.S. MEHSI, DIST. EAST CHAMPARAN, BIHAR.

10.SHRI BADRI PANDIT, AT PRESENT PANCHAYAT SACHIV, GRAM PANCHAYAT RAJ KATHA, P.S. MEHSI, DIST. EAST CHAMPARAN, BIHAR.

11.SHRI HARI SHANKAR PRASAD SAH, S/O LATE NAGINA PRASAD SAH, RESIDENT OF VILLAGE KATHA, P.S. MEHSI, DIST. EAST CHAMPARAN, AT PRESENT MUKHIYA, GRAM PANCHAYAT RAJ

3

KATHA, P.S. MEHSI, DIST. EAST CHAMPARAN, BIHAR.

12.PRIYNKA KUMARI, D/O SHRI RADHA KRISHNA GUPTA, RESIDENT OF VILLAGE KATHA, GRAM PANCHAYAT RAJ KATHA, P.S. MEHSI, DIST. EAST CHAMPARAN, BIHAR.

13.KUMARI SANGITA D/O SHRI VIJAY KUMARI, RESIDENT OF VILLAGE CHINTAMANPUR, GRAM PANCHAYAT RAJ KATHA, P.S. MEHSI, DIST. EAST CHAMPARAN, BIHAR.

…. RESPONDENTS WITH

CWJC NO.10804 OF 2007

NIKHAT PRAVEEN D/O MD. AMIR HASSAN, RESIDENT OF VILLAGE SHEIKH TOLI, MOHINDDIN NAGAR PANCHAYAT, MOHIUDDIN NAGAR (UTTAR), P.O. & P.S. MOHINDDIN NAGAR, DIST. SAMASTIPUR. …. PETITIONER

VERSUS

1.THE STATE OF BIHAR THROUGH SECRETARY HUMAN RESOURCES DEVELOPMENT, BIHAR, PATNA. 2.THE DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA.

3.THE REGIONAL DEPUTY DIRECTOR, DARBHANGA. 4.THE DISTRICT MAGISTRATE, SAMASTIPUR.

5.THE DISTRICT SUPERINTENDENT OF EDUCATION, SAMASTIPUR.

6.THE DISTRICT EDUCATION OFFICER, SAMASTIPUR.

7. THE BLOCK DEVELOPMENT OFFICER, MOHIUDDIN NAGAR, SAMASTIPUR.

8. THE BLOCK EDUCATION EXTENSION OFFICER, MOHIUDDIN NAGAR, SAMASTIPUR.

9.THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ MOHIUDDIN NAGAR UTTAR, SAMASTIPUR.

10.THE MUKHIA, GRAM PANCHAYAT RAJ MOHIUDDIN NAGAR, SAMASTIPUR.

11.THE HEAD MASTER, URDU, PRIMARY MAQTAB SCHOOL TEDI BAZAR, MOHIUDDIN NAGAR, SAMASTIPUR.

…. RESPONDENTS

WITH

CWJC NO.10861 OF 2007

NIRMALA KUMARI 'GURIYA' W/O SHAMBHU KUMAR SUMAN, RESIDENT OF VILLGE + P.O. KHAJURI, SOUR BAZAR BLOCK + DIST. SAHARSA. …. PETITIONER

VERSUS

1.THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA. 2.SECRETARY, PRIMARY AND ADULT EDUCATION, PATNA.

3.DISTRICT MAGISTRATE, SAHARSA.

4.SUB-DIVISIONAL OFFICER, SAHARSA.

5.D.S.E. CUM DISTRICT PROGRAMMER COORDINATOR, SARVA SIKSHA ABHIYAN, SAHARSA.

6. BLOCK DEVELOPMENT OFFICER, SOUR BAZAR, BLOCK SAHARSA.

7.B.E.E.O., SAHARSA.

8.PANCHAYAT SECRETARY, KHAJURI PANCHAYAT, SOUR BAZAR BLOCK, SAHARSA.

9.CHAIRMAN SUKH SUBIDHA SAMMITTEE, KHAJURI PANCHAYAT, SOUR BAZAR BLOCK, SAHARSA.

10.PRINCIPAL, MIDDLE SCHOOL, KHAJURI, SOUR BAZAR BLOCK, SAHARSA.

11.MUKHIYA, KHAJURI PANCHAYAT, SOUR BAZAR BLOCK, SAHARSA.

…. RESPONDENTS

WITH

CWJC NO.10874 OF 2007

MADAN SHARMA S/O KHEDAN SHARMA, RESIDENT OF VILLAGE BASWARIYA PARAU TOLA, P.O. MATHIYA, P.S. LAURIYA, DIST. WEST CHAMPARAN.

…. PETITIONER

VERSUS

1.THE STATE OF BIHAR THROUGH THE SECRETARY, PRIMARY EDUCATION, BIHAR AT PATNA.

2.THE COLLECTOR, WEST CHAMPARAN AT BETTIAH.

3.THE DISTRICT EDUCATION OFFICER, BETTIAH, WEST CHAMPARAN.

4.THE SUB DIVISIONAL EDUCATION OFFICER, NARKATIAGANJ, WEST CHAMPARAN.

5.THE BLOCK DEVELOPMENT OFFICER, LAURIYA, WEST CHAMPARAN.

6. THE BLOCK EDUCATION EXTENSION OFFICER, LAURIYA, WEST CHAMPARAN.

7.THE SELECTION COMMITTEE, PANCHAYAT BASWARIYA PARAUTOLA, LAURIYA, WEST CHAMPARAN.

8.THE MUKHIYA, BASWARIYA PARAUTOLA, LAURIYA, WEST CHAMPARAN.

9.THE SECRETARY, PANCHAYAT BASWARIYA PARAUTOLA, LAURIYA, WEST CHAMPARAN.

10.SHIKSHA SAMITI, PANCHAYAT BASWARIYA PARAUTOLA, LAURIYA, WEST CHAMPARAN.

11.THE GRAM PANCHAYAT SEVAK, BASWARIYA PARAUTOLA, LAURIYA, WEST CHAMPARAN.

12.THE HEADMASTER, PANCHAYAT BASWARIYA PARAUTOLA PRIMARY SCHOOL, LAURIYA, WEST CHAMPARAN.

13.MR. MANISH KUMAR S/O LATE RAMESHWAR PRASAD, P.O. & P.S. LAURIYA, DIST. WEST CHAMPARAN.

…. RESPONDENTS

WITH

CWJC NO.10910 OF 2007 MITHLESH KUMAR 'YOGESHWAR' @ MITHLESH KUMAR S/O SRI DASHRATH PRASAD YADAV, RESIDENT OF VILLAGE DOMOKUMAR PUR, P.O. KUMARPUR, DIST. BANKA, BIHAR. …. PETITIONER

VERSUS

1.THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, OLD SECRETARIAT, PATNA.

2.THE SECRETARY, PRIMARY EDUCATION, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA.

3.THE DIRECTOR, PRIMARY EDUCATION, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA.

4.THE DISTRICT MAGISTRATE, JAMUI.

5.THE DISTRICT DEVELOPMENT COMMISSIONER, JAMUI.

6. THE DISTRICT SUPERINTENDENT OF EDUCATION, JAMUI.

7. THE BLOCK EDUCATION EXTENSION OFFICER, JAMUI.

8.THE PANCHAYAT SEWAK CUM SECRETARY RAM SINGH DIH.

9.MUKHIA, RAM SINGH DIH PANCHAYAT, CHAKAI, P.S. CHAKAI, DIST. JAMUI.

10.DINESH KUMAR SINGH S/O RAM LAKHAN SINGH, RESIDENT OF VILLAGE ORHA BAGIOHA, DIST. MUNGER.

…. RESPONDENTS

WITH

CWJC NO.10919 OF 2007 SANJIT KUMAR S/O RAM NATH SHARMA, RESIDENT OF VILLAGE FATEHPUR, P.O. SHAHAR RAMPUR, P.S. NAUBATPUR, DIST. PATNA. …. PETITIONER

VERSUS

1.THE STATE OF BIHAR THROUGH THE COMMISSIONER CUM SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, NEW SECRETARIAT, PATNA.

2.THE DISTRICT MAGISTRATE, PATNA.

3. THE DISTRICT SUPERINTENDENT OF EDUCATION, PATNA.

4. THE BLOCK DEVELOPMENT OFFICER, NAUBATPUR, PATNA.

5.THE MUKHIYA, FARIDPUR GRAM PANCHAYAT, NAUBATPUR, PATNA.

6.PANCHAYAT SECRETARY, FARIDPUR GRAM PANCHAYAT, NAUBATPUR, PATNA.

7.PUSHPA KUMARI, W/O ARBIND KUMAR SHARMA, RESIDENT OF VILLAGE FATEHPUR, P.O. SHAHAR RAMPUR, P.S. NAUBATPUR, DIST. PATNA. …. RESPONDENTS

WITH

CWJC NO.10929 OF 2007 KRISHNA BALLABH NARAYAN S/O SHREE RAJENDRA PRASAD SINGH, RESIDENT OF VILLAGE SHANTI NAGAR, P.O. POLITECHNIC, P.S. K. HAT, DIST. PURNIA.

…. PETITIONER

VERSUS

1.THE STATE OF BIHAR.

2.THE CHIEF SECRETARY OF HUMAN RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA.

3.THE DIRECTOR OF HUMAN RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA.

4.THE DISTRICT MATISTRATE, PURNIA.

5. THE DISTRICT SUPERINTENDENT OF EDUCATION, PURNIA.

6. THE DISTRICT EDUCATION OFFICER, PURNIA.

7. THE EDUCATION EXTENSION OFFICER, PURNIA BLOCK, PURNIA.

8.USHA DEVI WIFE OF PAWAN KUMAR YADAV, MUKHIYA, BELORI PANCHAYAT SADAR BLOCK PURNIA, RESIDENT OF VILLAGE ANUP NAGAR, BELORI, P.S. SADAR, DIST. PURNIA.

9.SURESH RISHIDEO SECRETARY OF BELORI PANCHAYAT RESIDENT OF VILLAGE ANUP NAGAR, BELORI, P.S. SADAR, DIST. PURNIA.

10.SHASHI KANT PRASAD SON OF SADANAND SAH RESIDENT OF VILLAGE SUDIN CHOWK (CHHAT POKHAR) P.O. BHATTA BAZAR, P.S. K. HAT, DIST. PURNIA.

…. RESPONDENTS

WITH

CWJC NO.10932 OF 2007 ABHISHEK KUMAR S/O SHEO NATH PD. RESIDENT OF VILLAGE SAKHAURI, P.S. SAM BAZAR, DIST. SAHARSA.

…. PETITIONER

VERSUS

1.THE STATE OF BIHAR THROUGH THE SECRETARY CUM COMMISSIONER, HUMAN RESOURCES DEPARTMENT, NEW SECRETARIAT, PATNA.

2. THE DISTRICT SUPERINTENDENT OF EDUCATION, SAHARSA.

3. BLOCK EDUCATION EXTENSION OFFICER, PATARGHAT, DIST. SAHARSA.

4.MUKHIYA GOLMA EAST PANCHAYAT, DIST. SAHARSA.

…. RESPONDENTS

WITH

CWJC NO.10975 OF 2007 NIRAJ KUMAR S/O SRI SHIV KUMAR THAKUR, RESIDENT OF VILLAGE REPURA, P.S. KARJA, BLOCK MARWAN, DIST. MUZAFFARPUR.

…. PETITIONER

VERSUS

1.THE STATE OF BIHAR.

2.THE SECRETARY CUM COMMISSIONER, HUMAN RESOURCES DEPARTMENT, GOV. OF BIHAR, PATNA.

3.THE DIRECTOR PRIMARY EDUCATION, GOVT. OF BIHAR, PATNA.

4.THE DISTRICT MAGISTRATE, MUZAFFARPUR.

5. THE DISTRICT SUPERINTENDENT OF EDUCATION, MUZAFFARPUR, DIST. MUZAFFARPUR. 6.THE SUB-DIVISIONAL OFFICER, WEST MUZAFFARPUR, DIST. MUZAFFARPUR.

7. THE BLOCK DEVELOPMENT OFFICER, MARWAN, DIST. MUZAFFARPUR.

8.THE BLOCK EDUCATION EXTENSION OFFICER, MARWAN, DIST. MUZAFFARPUR.

9.THE MUKHIA GRAM PANCHAYAT RAJ, RUPWARA, P.S. MARWAN, DIST. MUZAFFARPUR.

10.THE SECRETARY, GRAM PANCHAYAT RAJ, RUPWARA, P.S. MARWAN, DIST. MUZAFFARPUR. …. RESPONDENTS

WITH

CWJC NO.10982 OF 2007

SHASHI BHUSHAN KUMAR S/O LATE SOMARI GARAI, RESIDENT OF VILLAGE LODIPUR, P.O. KOSIYAMA, P.S. EKANGARSARAI, DIST. NALANDA AT PRESENT POSTED AS PANCHAYAT SIKSHA MITRA, PRIMARY SCHOOL, LODIPUR, CHAMERA, P.S. EKANGARSARAI, DIST. NALADA. …. PETITIONER

VERSUS

1.THE STATE OF BIHAR THROUGH DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA.

2.THE DISTRICT MAGISTRATE, NALANDA, BIHARSHARIF, DIST. NALANDA.

3. THE DISTRICT SUPERINTENDENT OF EDUCATION, NALANDA, BIHARSHARIF, DIST. NALANDA.

4.MUKHIYA, GRAM PANCHAYAT, KOSIYAMA, P.S. EKANGARSARAI, DIST. NALADA. …. RESPONDENTS

WITH CWJC NO.11006 OF 2007 BHARATI KUMARI @ BHARTI DEVI W/O SANJEEV KUMAR BHAGAR, RESIDENT OF VILLAGE HANDANPUR, P.O. MIRZAPUR, P.S. BAUSI, DIST. ARARIA. …. PETITIONER

VERSUS

1.THE STATE OF BIHAR THROUGH THE COMMISSIONER CUM SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, BIHAR, PATNA.

2. THE DIRECTOR PRIMARY EDUCATION, BIHAR, PATNA.

3.THE DISTRICT MAGISTRATE, ARARIA.

4. THE DISTRICT SUPERINTENDENT OF EDUCATION, ARARIA.

5. THE BLOCK DEVELOPMENT OFFICER, RANIGANJ, ARARIA.

6.THE BLOCK EDUCATION EXTENSION OFFICER, RANIGANJ, ARARIA.

7.MUKHIA, GRAM PANCHAYAT NANDANPUR, P.O. MURZAPUR, BLOCK RANIGANJ, DIST. ARARIA.

8.ASHA KUMARI, D/O DULALCHAND BHAGAT, RESIDENT OF VILLAGE NANDANPUR, P.O. MURZAPUR, P.S. BAUSI, DIST. ARARIA.

…. RESPONDENTS

WITH CWJC NO.11045 OF 2007

AASHISH KUMAR ROY S/O ANIL CHANDRA ROY, RESIDENT OF VILLAGE DHAMAIKOL, P.S. AZAMNAGAR, DIST. KATIHAR.

…. PETITIONER

VERSUS

1.THE STATE OF BIHAR.

2.THE COMMISSIONER CUM SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA.

3. THE DIRECTOR (PRIMARY EDUCATION), GOVT. OF BIHAR, PATNA.

4.THE DISTRICT MAGISTRATE, KATIHAR.

5.THE DEPUTY DEVELOPMENT COMMISSIONER, KATIHAR.

6. THE DISTRICT SUPERINTENDENT OF EDUCATION, KATIHAR.

7.THE DISTRICT EDUCATION OFFICER, KATIHAR, DIST. KATIHAR.

8. THE BLOCK EDUCATION EXTENSION OFFICER, AZAMNAGAR, DIST. KATIHAR.

9.THE MUKHIYA OF GRAM PANCHAYAT, GAIGHATTA, BLOCK AZAMNAGAR, P.S. AZAMNAGER, DIST. KATIHAR.

10.THE SECRETARY OF GRAM PANCHAYAT, GAIGHATTA, BLOCK AZAMNAGAR, P.S. AZAMNAGER, DIST. KATIHAR.

…. RESPONDENTS

CWJC NO.11067 OF 2007

MD. NURUL AMIN S/O MD. AMINUDDIN, RESIDENT OF VILLAGE SHAHPUR TOI, P.O. PAHARPUR TOI, BLOCK SAHADAI BUZURG, P.S. DESARI (SAHADAI O.P.) DIST. VAISHALI. …. PETITIONER

VERSUS

1.THE STATE OF BIHAR THROUGH ITS SECRETARY HUMAN RESOURCES DEVELOPMENT, GOVT. OF

BIHAR, PATNA.

2.THE DISTRICT MAGISTRATE, VAISHALI AT HAJIPUR.

3. THE DISTRICT SUPERINTENDENT OF EDUCATION, VAISHALI AT HAJIPUR.

4. THE DISTRICT WALFARE OFFICER, VAISHALI AT HAJIPUR.

5. THE BLOCK DEVELOPMENT OFFICER, VAISHALI AT HAJIPUR.

6. THE BLOCK EDUCATION EXTENSION OFFICER, VAISHALI AT HAJIPUR.

7.THE PANCHAYAT SECRETARY GRAM PANCHAYAT RAJ SAID MUHAMMAD @ SALHA, JANDAHA BLOCK, DIST. VAISHALI.

8.MUKHIA, GRAM PANCHAYAT RAJ SAID MUHAMMAD @ SALHA, JANDAHA BLOCK, DIST.

9.MD. MAZAFFAR HUSSAIN S/O MAJHAR HUSSAIN, RESIDENT OF VILLAGE SHAHPUR TOI, P.S. PAHARPUR TOI, BLOCK SAHADAI BUZURG, DIST. VAISHALI.

…. RESPONDENTS

WITH

CWJC NO.11130 OF 2007 RAJESH KUMAR RAM S/O RAM BHAROSA RAM, RESIDENT OF VILLAGE HUSSEPUR, BAIJNATH TOLA, P.S. AND BLOCK BHOREY, DIST. GOPALGANJ.

…. PETITIONER

VERSUS

1.THE STATE OF BIHAR.

2. THE SECRETARY CUM COMMISSIONER, DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT, GOVT. OF BIHAR, PATNA.

3.ZILA PADHADHIKARI (COLLECTOR), GOPALGANJ. GOPALGANJ.

5. BLOCK DEVELOPMENT OFFICER, (PRAKHAND VIKAS PADHADHIKARI), BHOREY, DIST. GOPALGANJ.

6. BLOCK EDUCATION EXTENSION OFFICER, (PRAKHAND VIKAS PADHADHIKARI), BHOREY, DIST. GOPALGANJ.

7.GRAM PANCHAYAT RAJ HUSSEPUR, PRAKHAND BHOREY, DIST. GOPALGANJ, THROUGH ITS MUKHIYA.

8.MUKHIYA, GRAM PANCHAYAT RAJ HUSSEPUR, BLOCK BHOREY, DIST. GOPALGANJ,

9.SECRETARY CUM PANCHAYAT SEWAK, GRAM PANCHAYAT RAJ HUSSEPUR, BLOCK BHOREY, DIST. GOPALGANJ,

10.DEW NATH KUMAR S/O TUDI RAM RESIDENT OF VILLAGE FATTUCHHAPER, P.S. ABD BLOCK BHOREY, DIST. GOPALGANJ.

…. RESPONDENTS

WITH

CWJC NO.11145 OF 2007

SURENDRA KUMAR S/O LATE VISHNUDEO ROY, RESIDENT OF VILLAGE UKASHI, P.O. CHAMANPUR, P.S. SHEOHAR, DIST. SHEOHAR.

…. PETITIONER

VERSUS

1.THE STATE OF BIHAR.

2.THE DISTRICT MAGISTRATE, SHEOHAR.

3. THE DISTRICT SUPERINTENDENT OF EDUCATION, SHEOHAR.

4. BLOCK DEVELOPMENT OFFICER, SHEOHAR.

5.THE MUKHIYA GRAM PANCHAYAT, CHAMANPUR, DIST. SHEOHAR.

6.THE PANCHAYAT SECRETARY CUM PANCHAYAT SEVAK, GRAM PANCHAYAT, CHAMANPUR, DIST. SHEOUHAR.

…. RESPONDENTS

WITH

CWJC NO.11161 OF 2007 ANJU KUMARI W/O SURESH KUMAR, RESIDENT OF VILLAGE MIRZANAGAR, P.S. MAHUA, DIST. VAISHALI.

…. PETITIONER

VERSUS

1.THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF HUMAN RESOURCES, GOVT. OF BIHAR, PATNA.

2.DISTRICT MAGISTRATE, VAISHALI, DIST. VAISHALI AT HAJIPUR.

3.DEPUTY DEVELOPMENT COMMISSIONER, VAISHALI, DIST. VAISHALI AT HAJIPUR.

4.DISTRICT EDUCATION OFFICER, VAISHALI, DIST. VAISHALI AT HAJIPUR.

5. DISTRICT SUPERINTENDENT OF EDUCATION, VAISHALI, DIST. VAISHALI AT HAJIPUR.

6.MUKHIYA, GRAM PANCHAYAT RAJ, MIRZANAGAR, MAHUA BLOCK, DIST. VAISHALI.

7.PANCHAYAT SACHIVA, GRAM PANCHAYAT RAJ, MIRZANAGAR, MAHUA BLOCK, DIST. VAISHALI.

8.THE BLOCK DEVELOPMENT OFFICER, MAHUA, VAISHALI.

9.THE SUB-DIVISIONAL EDUCATION OFFICER, HAJIPUR.

10.THE REGIONAL EDUCATION OFFICER, MAHUA, VAISHALI. …. RESPONDENTS

WITH

CWJC NO.11165 OF 2007 MANISH KUMAR RAM S/O SRI MADAN RAM, RESIDENT OF VILLAGE + P.O. DHARAMDIHA, P.S. PHULPARAS, DIST. MADHUBANI. …. PETITIONER

VERSUS

1.THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, OLD SECRETARIAT, PATNA.

2.THE DISTRICT MAGISTRATE CUM CHAIRMAN, BIAHR SHIKSHA PARIYOJANA, MADHUBANI.

3.THE DEPUTY DEVELOPMENT COMMISSIONER CUM VICE CHAIRMAN, BIHAR SHIKSHA PARIYOJANA, MADHUBANI.

4. THE SUB-DIVISIONAL EDUCATION OFFICER, PHULPARAS, MADHUBANI.

5.THE DISTRICT EDUCATION OFFICER, MADHUBANI.

6.THE DIRECTOR BIHAR SHIKSHA PARIYOJANA, MADHUBANI.

7. THE BLOCK DEVELOPMENT OFFICER, PHULPARAS, MADHUBANI.

8.THE BLOCK EDUCATION EXTENSION OFFICER, PHULPARAS, MADHUBANI.

9.THE PANCHAYAT SECRETARY, GRAM PANCHAYAT, DHARAMDIHA, P.O. DHARAMDIHA, P.S. PHULPARAS, DIST. MADHUBANI.

10.THE THEN MUKHIA, GRAM PANCHAYAT, DHARAMDIHA, BIRBAHADUR ROY, P.O. DHARAMDIHA, P.S. PHULPARAS, DIST. MADHUBANI.

11.THE SITTING MUKHIYA SHRIMATI BHIBHA DEVI, P.O. DHARAMDIHA, P.S. PHULPARAS, DIST. MADHUBANI.

…. RESPONDENTS

WITH

CWJC NO.11168 OF 2007 1.NOOR ALAM S/O MD. RIYAZUDDIN. 2.BIBI ZARINA KHATOON W/O NOOR ALAM. BOTH RESIDENT OF VILLAGE BAHARSAL, P.S. AMDABAD, DIST. KATIHAR. …. PETITIONER

VERSUS

1.THE STATE OF BIHAR, PATNA. 2.THE SECRETARY CUM COMMISSIONER, PRIMARY & ADULT EDUCATION DEPARTMENT, GOVT. OF BIHAR, PATNA. 3.THE DISTRICT MAGISTRATE, KATIHAR. 4.THE DISTRICT EDUCATION SUPERINTENDENT, KATIHAR.

5. THE DISTRICT EDUCATION OFFICER, KATIHAR 6.THE DISTRICT WELFARE OFFICER, KATIHAR.

7. BLOCK DEVELOPMENT OFFICER, AMDABAD, DIST. KATIHAR.

8. THE BLOCK EDUCATION EXTENSION OFFICER, AMDABAD BLOCK, DIST. KATIHAR.

9.THE MUKHIYA, GRAM PANCHAYAT DURGAPUR, P.S. AMDABAD, DIST. KATIHAR.

10.THE PANCHAYAT SECRETARY, GRAM PANCHAYAT DURGAPUR, P.S. AMDABAD, DIST. KATIHAR.

…. RESPONDENTS IST SET 11.ROSHNA-ARE KHATOON D/O NURUL ISLAM, RESIDENT OF VILLAGE BAHARSAL GOBINDPUR,

P.S. AMDABAD, DIST. KATIHAR.

12.SHIBU MANDAL S/O ABHIRAM MANDAL RESIDENT OF GAURIKANT TOLA, P.S. AMDABAD, DIST. KATIHAR.

13.SAIRA BANO D/O MD. IBRAHIM RESIDENT OF BHOLAMARI MANDAL TOLA, P.S. AMDABAD, DIST. KATIHAR.

14.CHANDANA KUMARI D/O SUBOL MANDAL RESIDENT OF VILLAGE LAKHI TOLA, P.S. AMDABAD, DIST. KATIHAR.

…. RESPONDENTS 2ND SET

WITH

CWJC NO.11194 OF 2007

1.ARESH KUMAR NIRALA S/O LATE YAMUNA PRASAD SAH, RESIDENT OF VILLAGE NAWALGANJ MAINPUR, P.S. BHARGAMA, DIST. ARARIA.

2.PRITI BHARTI, W/O RAMESH RAMAN, RESIDENT OF VILLAGE BELACHAND, P.S. BANMANKHI, DIST. ARARIA.

3.SATISH CHANDRA SAH, S/O SRI JAI NARAYAN SAH, RESIDENT OF VILLAGE BIRNAGAR, P.S. BHARGAMA, DIST. ARARIA.

4.MOQUIMUDDIN, S/O MD. MEHDI HASAN, RESIDENT OF VILLAGE BISHHARIA, P.S. BHARGAMA, DIST. ARARIA.

5.BIBI GULSHAN ARA, W/O MD. QAMARUZZAMA, RESIDENT OF VILLAGE PURAINI, P.S. SRI NAGAR HAT, DIST. MADHEPURA.

6.MD. NEAZAMUDDIN, S/O MD. MAZLOOM HUSSAIN, RESIDENT OF VILLAGE CHHARRAPATTI BIRNAGAR (EAST), P.S. BHARGAMA, DIST. ARARIA.

7.CHITRALEKHA KUMARI, D/O RANA PRATAP MANDAL, RESIDENT OF VILLAGE CHARAIYA, P.S. BHARGAMA, DIST. ARARIA.

8.M.S. SALAHUDDIN, S/O MD. ALLAUDIN, RESIDENT OF VILLAGE CHHARRAPATTI, P.S. BHARGAMA, DIST. ARARIA.

9.BIBI TAHMINA KHATOON, D/O MD. KLIMULLAT, RESIDENT OF VILLAGE CHHARRAPATTI, P.S. BHARGAMA, DIST. ARARIA. 10.NISHA KUMARI, W/O BIPIN KUMAR MISHRA RESIDENT OF VILLAGE CHARAIYA, P.S. BHARGAMA, DIST. ARARIA. 11.KIRAN KUMARI, W/O HARISHCHANDRA SAH, RESIDENT OF VILLAGE CHHARRAPATTI BIRNAGAR, P.S. BHARGAMA, DIST. ARARIA.

…. PETITIONER

VERSUS 1.THE STATE OF BIHAR.

2.THE DISTRICT MAGISTRATE, ARARIA.

3. THE DISTRICT EDUCATION OFFICER, ARARIA.

4. THE BLOCK EDUCATION OFFICER, BHARGAMA, DIST. ARARIA.

5.SMT. ROZA KHATOON, MUKHIA GRAM PANCHAYAT RAJ BIRNAGAR EAST, BOCK BHARGAMA, DIST. ARARIA.

6.UTTAM LAL THAKUR, GRAM SEVAK, GRAM PANCHAYAT RAJ BIRNAGAR EAST, BOCK BHARGAMA, DIST. ARARIA.

…. RESPONDENTS

WITH

CWJC NO.10706 OF 2007

1.MD. MANSOOR ALI, S/O MD. SAHEBZAN, R/O VILLAGE CHAKMAL, P.S. SARAIYA, DISTRICT MUZAFFARPUR.

2.ABDUL KAYUM, S/O TASLIM AHMAD, R/O VILLAGE BAREWA (AMAITHA) P.O. GIDHA, P.S SARAIYA, DISTRICT MUZAFFARPUR.

3.PUNAM SINHA DAUGHTER OF VISHWANATH SINGH, R/O MOHALLA CHANKYA VIHAR, P.S SADAR DISTRICT MUZAFFARPUR.

…………………PETITIONERS.

VERSUS

1.THE STATE OF BIHAR. 2.THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR,

PATNA. 3.THE DIRECTOR, PRIMARY EDUCATION, GOVT. OF BIHAR, PATNA.

4.THE DISTRICT MAGISTRATE, MUZAFFARPUR.

5.THE DISTRICT SUPERINTENDENT OF EDUCATION,MUZAFFARPUR.

6.THE BLOCK DEVELOPMENT OFFICER, SARAIYA, DISTRICT MUZAFFARPUR.

7.THE BLOCK EDUCATION EXTENSION OFFICER, POKHRAIRA (SARAIYA), DISTRICT MUZAFFARPUR. 8.THE PRAMUKH, BLOCK PANCHAYAT SAMITI, SARAIYA, DISTRICT MUZAFFARPUR. ………………………RESPONDENTS.

02/ 14.07.2011 All these cases relate to the engagement of the petitioners as a Shiksha Mitra and/or appointment on the post of Panchayat Shikshak. It has been claimed by most of the petitioners that had they been engaged and continued in service as a Shiksha Mitra, they could have got the benefit of absorption on the post of Panchayat Shikshak in terms of Rule 20(iii) of 2006 Rules. In some of the cases the grievance relate directly to selection and appointment on the post of Panchayat Shikshak.

The aforesaid 2006 Rule however itself provides a statutory alternative remedy in Rule-18 thereof, wherein, an independent body namely the District Teachers Appellate Authority has been constituted to look into any of the grievances relating to employment on the post of Panchayat Shikshak which in its wide sweep would also include the absorption of Shiksha Mitra on the post of Panchayat Shikshak.

For some period of time there was some sort of confusion as with regard to jurisdiction for entertaining the dispute relating to engagement/ continuation on the post of Shiksha Mitra, in view of the provisions made in Rule-18

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regarding complaint in relation to employment and service condition of Panchayat teachers only but then the State Government has also clarified the same by its circular dated 14.05.2009 in terms of Rule 19 of 2006 Rules that even the dispute relating to the post of Shiksha Mitra could be adjudicated by the District Teachers Appellate Authority.

The tribunal in form of the District Teachers Appellate Authority is therefore fully competent to entertain a complaint as with regard to selection and appointment on the post of Shikshamitra or Panchayat Shikshak and it has full powers to find out the facts and decide the issues in the light of the relevant Rules and/or Circular.

Therefore, these writ applications are disposed of with a liberty to the petitioners of these cases to approach the concerned District Teachers Appellate Authority within a period of eight weeks from today and if such an application by way of complaint is filed individually by them before the concerned Authority, it will proceed to examine the claim of the concerned petitioner on merit and would not non suit any one of them on the ground of

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limitation. It is however made clear, that in case, the petitioners would also assail the engagement/continuation of any other persons on the post of Shiksha Mitra who have been later on absorbed as Panchayat Shikshak, not only the Authority will have to issue notices to such persons but will have to also afford opportunity of hearing to them before passing the final order on such complaint/representation filed by the petitioners before the Authority.

The Authority keeping in view that the dispute has lingered for a long time and that the Authority was constituted during the pendency of these writ applications filed in the year 2007 must ensure that a final decision in accordance with law is taken within a period of six months from the date of filing of the complaint/ representation of the concerned petitioners.

With the aforementioned observations and direction, these applications are disposed of.

Ranjan (Mihir Kumar Jha, J)

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