KISHORE KUMAR MANDAL, J.:–Heard Mr. Bajrangi Lal for the petitioner, Mrs. Mahasweta Chatterji for the private respondent and A.C. to S.C. 25 for the State.

2. Two counter affidavits have been filed on behalf of private respondent whereas the petitioner has filed a rejoinder thereto. A counter affidavit on behalf of District Programme Officer has been filed.

3. The petitioner is aggrieved by the order passed by the District Teachers Appointment Appellate Authority, Madhubani (for short “the Authority”) as contained in Memo No. 540 dated 27.10.2010 (Annexure-6) whereby the respondent no. 10 was directed to accept the joining of the respondent no. 11 who was illegally not renewed as the Panchayat Shiksha Mitra (for short “PSM”) and to treat him as Panchayat Teacher (for short “PT”) in view of the change of status after coming into force of the Bihar Panchayat Elementary Teacher (Employment and Service Conditions) Rules 2006 (for short “the Rules”).

4. The Selection Committee of the concerned Gram Panchayat in the selection process undergone in the year 2003 selected respondent no. 12 as PSM. He was renewed for another period of 11 months as PSM. However, on expiry of period of 11 months, his continuance as PSM was not renewed by the concerned Gram Panchayat vide Annexure-1. In the meeting of the Sukh Suvidha Committee of the Gram Panchayat held on 30.3.2004, a fresh process of selection was undergone wherein the petitioner was selected as one of the PSMs. No such selection was made of the private respondent. It is the contention of the petitioner that his continuance on the post of PSM was renewed on different occasions lastly on 23.4.2006 vide Annexure-4. At the time of enforcement of the Rules w.e.f. 1.7.2006, he was functioning as PSM and as such acquired the status of PT by virtue of Clause (III) of Rule 20 of the Rules. The private respondent filed diverse applications/representations before different authorities vide Annexure-F series against his non-selection/non-renewal on the post of PSM. An enquiry in this regard was made by the District Superintendent of Education wherein non-selection/non-renewal of the private respondent was found contrary to the provisions contained in the relevant guidelines/instructions issued by the Government. By an order dated 22.12.2008 passed by the District Superintendent of Education-cum-District Programme Officer, Madhubani, it was held that the engagement of the petitioner was contrary to the guidelines/circulars of the Government and the Panchayat Secretary of the Panchayat was directed to annul the appointment of the petitioner as PSM and in his place, the private respondent was directed to be inducted as PSM. Subsequently, by another order dated 20.3.2009 (Annexure-O/1 to the supplementary counter affidavit on behalf of Respondent no. 10), the operation of the said order was stayed until further enquiry to be made in this regard by the District Superintendent of Education. It may be noted here that before the said order dated 20.3.2009 was passed by the District Superintendent of Education, the Panchayat Secretary of the Gram Panchayat vide an order dated 27.2.2009 (Annexure-5) had passed an order cancelling the engagement of the petitioner as PSM and subsequently acquiring the status of PT and the private respondent was directed to be treated as PSM subsequently acquiring the status of PT. However, the aforesaid order, in view of the facts noticed above, was not given effect to which punctuated the respondents to file an application in the Janta Darbar which, on transfer, was placed before the Authority for consideration and disposal. The Authority, after hearing the appellant and the official respondent passed the impugned order (Annexure-6) wherein it was found that the private respondent (applicant before the Authority) was illegally not considered and allowed to continue as PSM by renewal of his contract period until coming into force of the Rules. It was directed that the private re

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