IMPORTANT POINT
The abolition of the post of Panchayat Shiksha Mitra under the Bihar Panchayat Teachers (Appointment and Service Conditions) Rules, 2006, precludes any appointment to that position after 01.07.2006, and the principles of natural justice must be upheld in administrative proceedings.

JUDGMENT :

ANIL KUMAR SINHA, J.

The present writ application has been filed for quashing the order, dated 08.09.2010, passed by the District Appellate Authority, Madhubani, in Appeal Case No. 112/05/2010, by which the order, dated 05.06.2007, passed by the Block Education Extension Officer, Andhrathari, has been quashed and a direction was issued to reinstate the respondent no. 11.

2. The further prayer of the petitioner is to direct the concerned respondent not to disturb the peaceful functioning of the petitioner as Block Teacher, in the Upgraded Middle School, Murukiya, Andhrathari.

3. The brief facts of the case is that the petitioner as well as respondent no. 11 had applied for appointment on the post of Panchayat Shiksha Mitra (in short, the ‘P.S.M.’) in the year 2005, under Extremely Backward Class category, in the Gram Panchayati Raj Murukiya, Andhrathari block, in the district of Madhubani.

4. Altogether 13 posts were advertised in the said Gram Panchayat. As per roster, six posts were earmarked for male, out of which three posts were meant for unreserved male, and one post each for Backward Class category, Extremely Backward Class category and Scheduled caste category. The rest seven posts were earmarked for female candidates. The present dispute pertains to one post of Extremely Backward Class category only.

5. After scrutiny, the Sukh Suvidha Samiti prepared the merit list of the candidates applied for the post of P.S.M. under Extremely Backward Class category, on 24.05.2005, wherein the petitioner was placed at serial no. 8 and the name of respondent no. 11 figured at serial no. 9. The weightage of both, the petitioner as well as the respondent no. 11, was same, i.e. 15.

6. On the basis of merit list, the petitioner was selected as P.S.M., vide letter no. 2, dated 24.05.2005 and was posted in the Upgraded Middle School, Murukiya, where the petitioner submitted his joining on 25.05.2005. The contract of the petitioner as P.S.M. was renewed after completion of eleven months, vide letter no. 7, dated 11.05.2006. It is also not in dispute that after coming into force of the Bihar Panchayat Teachers (Appointment and Service Conditions) Rules, 2006 (hereinafter referred to as ‘the 2006 Rules’), the petitioner was absorbed as Panchayat Teacher.

7. The respondent no. 11 raised objection regarding appointment of the petitioner before the Block Development Officer, Andhrathari and also submitted application before the Janata Darbar of the District Magistrate, Madhubani, regarding malicious conduct of the Mukhiya and Panchayat Secretary of Gram Panchayati Raj Murukiya in appointing the petitioner.

8. The Sub Divisional Magistrate, Jhanjharpur, in the light of the direction issued by the District Magistrate, Madhubani, conducted an enquiry regarding the illegality committed in the appointment process of the P.S.Ms. in various Gram Panchayats, in Andhrathari block, including the Murukiya Gram Panchayat and upon enquiry, he has come to conclusion that the claim of respondent no. 11 is true that the petitioner, having lesser marks, has illegally been appointed on the post of P.S.M. The enquiry report was forwarded to the District Magistrate, Madhubani, vide letter no. VI-I/05-436, dated 28.06.2005.

9. On 09.09.2005, the Block Education Extension Officer, Andhrathari, issued a direction to the Panchayat Secretary of Murukiya Gram Panchayat to appoint respondent no. 11 within a week after cancelling the appointment of the petitioner. When no decision was taken by the Panchayat Secretary upon the direction issued by the Block Education Extension Officer, Andhrathari, the respondent no. 11 filed a complaint before the District Superintendent of Education, Madhubani, upon which the District Superintendent of Education, Madhubani, vide letter no. 2231, dated 11.09.2006, directed the Mukhiya and the Panchayat Secretary of Murukiya Gram Panchayat to take necessary action in this regard within a week.

10. In the light of the aforesaid direction, th