RINKU KUMARI @ SMT.RINKU DEVI W/O SHRI MANOJ KUMAR SINGH, D/O SHRI KANHIYA SINGH Vs. STATE OF BIHAR THROUGH THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, PATNA

JUDGEMENT

(1.) The petitioner by this writ application challenges the order of the Collector, Buxar dated 27.7.2007 by which the Collector apparently finding that the recruitment of Shiksha Mitra as made in the year 2005 was irregular. Her appointment has been cancelled being order dated 27.7.2007 (Annexure-5). The issue is being pure question of law.

(2.) Having heard the parties, with their consent, the writ application is being disposed of at this stage itself.

(3.) It is not in dispute that the petitioner was appointed in the year 2005 as a Shiksha Mitra. After her appointment twice the engagement was extended as was required that Shiksha Mitra appointment was for 11 months on contract. On the last extension, State Government came up with the Bihar Panchayat Primary Teachers (Appointment and Service Conditions) Rules, 2006, as provided under those Rules all Shiksha Mitra working on the date of issuance of the said notification were to be absorbed as Panchayat Teachers. Petitioner was, accordingly, absorbed as Panchayat Teacher. In the year 2007, by the impugned order without notice to the petitioner or without hearing the petitioner the Collector of the district assume jurisdiction and declared the appointment to be bad and cancelled the appointment of the petitioner as Shiksha Mitra, which had become a historical fact, as she was now absorbed as Panchayat Teacher.