Anil Kumar Sinha, J. – The petitioner being aggrieved by the order, dated 10.12.2018, passed by the learned State Appellate Authority in appeal case No. 362 of 2017, has filed the present writ application whereby the order, dated 24.09.2011, passed by the District Teachers employment Appellate Authority, Araria, in case No. 07 of 2008, has been set aside and respondent No. 8 has been directed to be reinstated as Panchayat Teacher in middle school Kolhua Gram Panchayat Kamaldaha district Araria with consequential benefits.

2. The factual matrix of the case is that pursuant to the advertisement published in the year 2005, the process of appointment of Panchayat Shiksha Mitra (hereinafter referred to as P.S.M.) started in the Gram Panchayat Kamaldaha, under Kursa Kanta block, in Araria district. Eight vacant posts of P.S.M. were advertised for different schools, situated in the Gram Panchayat, out of which two posts were advertised under unreserved category, 2 posts were for UR-female, one for SC-male, one for SC-female, one for EBC-male and one for EBC-female. No post for BC category was advertised for appointment. The petitioner applied for appointment of Shiksha Mitra under general category whereas the respondent No. 8 had applied under BC category despite the fact that no post of BC category was advertised.

3. The Selection Committee, on the basis of merit panel prepared category-wise, issued appointment letter to the petitioner in general category, however, the appointment letter to respondent No. 8 was also issued having higher marks than the petitioner under BC category which would be evident from Annexure R8/3 of the counter affidavit.

4. Pursuant to the appointment letter, petitioner joined as Shiksha Mitra and completed the training, received a salary and admittedly was converted as a Panchayat Shikshak (Teacher) after coming into force Bihar Panchayat Elementary Teacher (Employment and Service Conditions) Rules, 2006 (herein after referred to as the “2006 Rules”), with effect from 01.07.2006.

5. The respondent no. 8 was not allowed to join as P.S.M. Aggrieved by the same, the petitioner filed a representation before the District Magistrate, Araria, which was forwarded to District Education Officer, Araria, vide letter No. 1995, dated 10.06.2005, for inquiry and proper action. The B.E.E.O, Kursa Kanta, submitted a report to the D.M., Araria, vide letter No. 188, dated 15.07.2005, stating therein that respondent No. 8 was appointed against BC category post, but as per roster, in the Gram Panchayat Kamaldaha, no seat was allocated to BC category and respondent no. 8 was issued appointment order against nonexistent and unsanctioned post of B.C. category.

6. The respondent no. 8 came before this Court, in C.W.J.C. No. 14316 of 2006, for his appointment which was disposed, vide order, dated 01.06.2007, with a direction that the District Magistrate/District Superintendent of Education shall look into the matter and consider the same and issue appropriate order and direction to the concerned Gram Panchayat to take action within eight weeks.

7. At this stage, B.D.O., Kursa Kanta, submitted an inquiry report, dated 27.08.2007, vide letter No. 437 before the Incharge Officer, District Development Unit, Araria, stating therein that Chandradev Yadav, respondent No. 8 has obtained 68.8 per cent marks in the intermediate exam, as such, he should have been appointed under unreserved male category but in his place Amod Kumar Jha (petitioner) was appointed, who has secured only 45% marks in the intermediate examination. Accordingly, the District Superintendent of Education gave a direction to the Employment Unit of the Gram Panchayat to cancel the appointment of the petitioner and appoint respondent no. 8 on the post of Panchayat Teacher, vide letter no. 1464, dated 19.09.2008. The Panchayat Secretary, thereafter, cancelled the appointment of the petitioner and in his place, respondent no. 8 was appointed.

8. Now, it was the turn of the petiti