1. Heard learned counsel for the petitioner, State as also the respondent no. 6.

2. Petitioners are aggrieved by the order dated 10th of February 2011 passed by the District Teachers Employment Appellate Authority, Madhepura in Appeal No. 108 of 2009 whereby the appointment of the petitioners as Panchayat Teacher was held illegal and accordingly, their appointments have been cancelled.

3. It is submitted on behalf of the petitioners that appointment of the petitioners as Panchayat Teacher is cancelled purely on the ground that before coming into force of Bihar Panchayat Primary Teachers (Employment and Service Conditions) Rule, 2006 with effect from 01.07.2006, petitioners who were engaged as Shiksha Mitra on contract for 11 months in the year 2003 and later on, their engagement was renewed after expiry of the tenure period. It is further submitted that on coming into force of the above rule as on 01.07.2006, petitioners on account of the legal fiction became the Panchayat Teacher under the aforesaid rule and as such, any irregularity in the engagement of Shiksha Mitra cannot become a subject matter of consideration by the District Teachers Employment Appellate Authority who