1. In all four cases, issues are common, as such, they have been taken up together for consideration and disposal.

2. The common issue to be decided is whether the Block Development Officer purporting to act under Rule 18 of the Bihar Panchayat Elementary Teachers (Appointment and Service Condition) Rules, 2006 can annul the appointment of Shiksha Mitra made in 2003, 2004, 2005 and thereby allow a person to be absorbed as Panchayat Teacher under Rules 20(ii) and (iii) of 2006 Rules, though he was not working on the post of Shiksha Mitra on 1.7.2006.

3. Petitioners in C.W.J.C. Nos. 16423/08, 18513/08 & 18743/08 were appointed as Panchayat Shiksha Mitra in the year, 2005. Their services were absorbed as Panchayat teachers in terms of the Rules 20(ii) & (iii) of 2006 Rules, and as such, they acquired the status of Panchayat Shikshak. The Block Development Officer of concerned blocks have now passed orders in exercise of jurisdiction u/r 18 of 2006 Rules, cancelling their appointment as Panchayat Shiksha Mitra and directed to appoint private respondents as Panchayat Shiksha Mitra in place of petitioners, with all consequential benefits. Prayer of the petitioners is for quashing the impugned orders whereby their appointment as Panchayat Shiksha Mitra/ Panchayat teachers have been cancelled.

4. Petitioner in C.W.J.C. No. 1063/09 is respondent No. 5 in C.W.J.C. No. 16423/08 (Alok Kumar vs. State of Bihar & Others). His prayer is to quash appointment of Alok Kumar (respondent No. 8) as Panchayat Shiksha Mitra in Garhia Panchayat in the year, 2005 and to appoint him on the post of Shiksha Mitra under reserved category (male) and also to give him all other consequential benefits for which he is entitled under Rule 20(ii)(iii) of 2006 Rules.

5. The Government of Bihar in order to streamline the system of education and to improve standard of education took decision to appoint Shiksha Mitras in the primary/elementary schools. In the light of this policy decision, the Department of Human Resources issued guidelines vide Resolution No. 1458 dated 11.8.2004 wherein procedure for selection of Panchayat Shiksha Mitra was prescribed. Subsequently, the resolution dated 11.8.2004 was supplemented by resolution No. 1748 dated 2.9.2005 and Educational qualification for appointment as Shiksha Mitra was enhanced from matriculation to intermediate. The District Magistrate was authorized to enquire into the alleged illegality and irregularity in appointments of Panchayat Shiksha Mitras and pass necessary orders.

6. In the year, 2006, the Bihar Panchayat Elementary Teachers (Appointment and Service Condition) Rules, 2006 was issued providing detail procedure for selection/appointment and service condition of Prakhand teachers/Panchayat teachers. Rule 9(kh)(viii) prescribes that when selection panel is prepared, it will be made public. One weeks time will be available for filing any objection regarding this selection panel. In case any objection is filed then the selection list will be finalized only after resolving such objections. Rule 18 provided a forum for redressal of grievances. Under Rule 18, the Block Development Officer, was authorized to dispose of any complaints relating to appointment, transfers and service conditions of Panchayat teachers appointed under 2006 Rules. Rule 20 is the repealing and saving clause. It provided that all circulars, orders, administrative instructions/policy decisions earlier issued on this subject shall be deemed to have been superseded subject to exceptions mentioned in subclauses (ii) & (iii). Sub-clause (ii) provided that irrespective of supersession of earlier circular/administrative instruction/services of teachers appointed in terms of earlier circulars and administrative instructions shall remain unaffected. Sub-clause (iii) provided that Panchayat Shiksha Mitra earlier appointed shall be deemed to have been appointed as Panchayat Teacher under 2006 Rules.

7. Question which has been raised by the pet