Gram Panchayat, Khajuria Through Its Mukhiya Rajendra Singh v. State Of Bihar
2008-12-03
KISHORE K.MANDAL, R.M.LODHA
body2008
DigiLaw.ai
JUDGEMENT 1. This writ petition is in the nature of public interest litigation. The grievance centres around appointment of Panchayat Primary Teachers in the Bhojpur district. According to the petitioner, there are 228 Gram Panchayats in the District of Bhojpur and selection of Panchayat Primary Teachers is sought to be made in utter disregard of the provisions contained in Bihar Panchayat Primary Teachers (Appointment and Service Conditions) Rules, 2006 and the amendment in the said rules vide Bihar Panchayat Primary Teachers (Appointment and Service Conditions) (Amendment) Rules, 2008. It is alleged that the Gram Panchayats are not being permitted to act as per the afore-referred rules in the matter of appointment of Panchayat Primary Teachers. 2. That the State Government in exercise of its power conferred under the Bihar Panchayat Raj Act, 2006 and Article 243G of the Constitution of India has framed Bihar Panchayat Primary Teachers (Appointment and Service Conditions) Rules, 2006 (for short, Rules, 2006) is not in dispute. There are two categories of Panchayat Primary Teachers, namely, (one) Block Teachers and (two) Panchayat Teachers as per Rule 3. Rule 4 provides that employment of Block Teachers shall be done by Panchayat Samiti while employment of Panchayat Primary Teachers shall be effected by Gram Panchayat. Rule 4 further provides for preparation of different panels of trained and untrained Blcok Teachers as well as Panchayat Primary Teachers. Rule 5 sets out the details of reservation, inter alia, in the appointment of Panchayat Primary Teachers. The eligibility of teachers is provided in Rule 8 including educational qualification as well as minimum and maximum age. The procedure for employment is provided in Rule 9. According to this rule, the Gram Panchayat shall provide the number of Panchayat Primary Teachers to be employed and the vacancies shall be published at least for fifteen days. It also provides for preparation of panel by a committee headed by Mukhiya of Gram Panchayat. 3. Rules, 2006 have been amended by Amendment by Bihar Panchayat Primary Teachers (Appointment and Service Conditions) (Amendment) Rules, 2008 (for short, Amendment Rules, 2008% which came into effect on 25th August, 2008. The amendment is effected in Rules 4(2), 5, 8, 9 and few other rules. 4. It needs no emphasis that the selection of Panchayat Primary Teachers has to be made in accord and in conformity with the provisions contained in Rules, 2006 as amended by Rules, 2008.
The amendment is effected in Rules 4(2), 5, 8, 9 and few other rules. 4. It needs no emphasis that the selection of Panchayat Primary Teachers has to be made in accord and in conformity with the provisions contained in Rules, 2006 as amended by Rules, 2008. No departure or deviation in the process of selection is permissible. This is necessary to ensure that the selection of Panchayat Primary Teachers is made objectively based on merit sans favouritism. This is equally applicable to the selection of Panchayat Primary Teachers for the District of Bhojpur and all authorities have to abide by such procedure. 5. With the aforesaid observations, we are satisfied that no further order needs to be passed in this public interest litigation. It is disposed of accordingly.