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2009 Supreme(Pat) 405

MRIDULA MISHRA
Alok Kumar, S/o Of Late Shiv shankar Prasad Singh – Appellant
Versus
State Of Bihar – Respondent


JUDGEMENT

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 quashin













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