Indradeo Pandit vs State of Bihar

Nani Tagia, J

Heard learned counsel for the petitioner. None appears for the respondents.

This review application has been filed seeking a review of the order dated 10.07.2025 passed in CWJC No. 11031 of 2025, whereby this Court finding the order dated 05.06.2025 bearing Memo No. 1526, issued by the Director, Primary Education, Government of Bihar, which was the subject matter of challenge in the writ petition, to be a matter adjudicated by the Director, Primary Education, Government of Bihar between the petitioner and the respondent No. 11 on their respective claims for a post of Panchayat Teacher had relegated the writ petitioner to approach the concerned District Appellate Authority for redressal of the grievances raised in the writ petition in view of the Bihar State Teaching Institutions Teachers and Employees (Dispute Redressal and Appeal) Rules, 2020 and the decision rendered by this Court in CWJC No. 10222 of 2022 (Rani Kumari Vs. The State of Bihar & Ors.).

The petitioner, seeking review of the aforesaid order, contends that in the month of April, 2024 he had passed the competency test conducted for Exclusive Teacher in terms of Rule-4 of Bihar School Exclusive Teacher Rule-2023 pursuant to which he was appointed as Exclusive Teacher on 26.12.2024 and posted as Exclusive Teacher in the very same school, i.e., Primary School, Gachhi Tola, Bela Simari, Khagaria.

The petitioner, therefore, contends that when the order dated 10.07.2025 was passed in the CWJC No. 11031 of 2025 relegating the petitioner to approach the concerned District Appellate Authority, the petitioner was no longer a Panchayat Teacher and he was a Exclusive Teacher and, therefore, this Court could not have relegated the petitioner to approach the concerned District Appellate Authority by treating the petitioner to be a Panchayat Teacher.

The petitioner, therefore, contends that there is an error apparent on the face of the record which requires review of the aforenoted order passed by this Court in the writ petition.

CWJC No. 11031 of 2025 was filed by the petitioner assailing the order dated 05.06.2025, bearing Memo No. 1526, issued by the Director, Primary Education, Government of Bihar /respondent No. 3 in the writ petition, whereby the name of the respondent No. 11 in the writ petition for the post of Panchayat Teacher was found to be more acceptable than the petitioner in terms of final merit list published on 30.11.2006.

For ready reference the order impugned in the writ petition, dated 05.06.2025, Annexure-P/1 in the writ pe1tition is extracted hereinbelow from the writ petition.

In paragraph No. 4 of the writ petition the petitioner has stated as under: -

...4. That the Respondent State through department of education in furtherance of decision to fill up the vacancies at Primary Schools in various Panchayats, notified schedule for advertisement, last date for application and date of counselling. The present case relates to selection process of Panchayat Teacher in Bela Simari for which advertisement was issued for appointment of eleven teachers/Panchayat Teachers under the provision of Bihar Panchayat Elementary Teachers Rules, 2006...

Upon reading of paragraph-4 of the writ petition it is evident that the writ petition was filed assailing the selection process of Panchayat Teacher in Bela, Simari for which advertisement was issued for appointment of 11 Panchayat Teachers as per the provision of Bihar Panchayat Elementary Teachers Rules, 2006.

On a conjoint reading of paragraph-4 of the writ petition as well as the order impugned in the writ petition, i.e. 05.06.2025, which have already been extracted hereinabove it becomes abundantly clear that the issue raised for consideration by the petitioner in the aforenoted writ petition was regarding the claim of the petitioner vis-a-vis respondent No. 11 for the post of Panchayat Teacher in terms of Bihar Panchayat Elementary Teachers Rules, 2006 for which the Panchayat Authorities had issued an advertisement.

The facts highlighted in paragraph-35 of the review application stating that the petitioner had passed the competency test for the post of Exclusive Teacher in the month of April, 2024 in terms of the Bihar School Exclusive Teachers Rules, 2023 and that he was appointed as such on 26.12.2024 and therefore when the writ petition was adjudicated by this Court, the petitioner was no longer a Panchayat Teacher but an Exclusive Teacher was not brought on record for consideration of this Court, while the writ petition was adjudicated on 10.07.2025.

It, therefore, is evident that when the writ petition was adjudicated on 10.07.2025 the only material available before this Court was the rival claims of the petitioner and the respondent No. 11 for appointment as Panchayat Teacher.

This Court on finding that the matter relates to selection and appointment of a Panchayat Teacher had relegated the petitioner to approach the concerned District Appellate Authority for redressal of his grievance as the District Appellate Authority was the competent authority under Bihar State Teaching Institutions Teachers and Employees (Dispute Redressal and Appeal) Rules, 2020 to adjudicate the disputes arising out of service conditions of the Panchayat Teachers.

In view of the above, I find no error apparent on the face of the record calling for review of the order dated 10.07.2025 passed in CWJC No. 11031 of 2025.

The review petition stands dismissed.