HC takes view of Saran DM's tactics

PATNA: The Patna High Court on Wednesday took a dim view of the Saran district magistrate (DM) exerting pressure on the mukhiya of Kothia gram panchayat to pay salaries to 17 teachers illegally appointed even as the Saran division commissioner had ordered cancellation of the appointments. The 17 teachers were illegally appointed by the deputy mukhiya of the gram panchayat under the Sarva Shiksha Abhiyan. A single bench presided by Justice Ajay Kumar Tripathi issued notice to the deputy mukhiya directing her to file a counter-affidavit to the charges levelled against her by the writ petitioner - Kothia panchayat mukhiya Meena Devi - who submitted that in her absence the deputy mukhiya had connived with the then BDO of Garkha block and the panchayat sevak to appoint the 17 teachers. The then BDO sent the list of appointments of the 17 teachers to the deputy superintendent of education (DSE) only prior his transfer from Garkha block in June, 2007, the petitioner added. The petitioner’s counsel, Sriprakash Srivastava, submitted that under the provisions of Rules 9 and 11 of the Bihar Elementary Teachers (Appointment and Service Condition) Rules, 2006, only a selection committee of the panchayat headed by the mukhiya was authorised to appoint teachers under Sarva Shiksha Abhiyan which is a Centrally-sponsored scheme.The petitioner’s counsel added that the DM had been applying pressure on the petitioner to pay salary to the 17 teachers for teaching work they had done or else face an FIR. Under Sarva Shikha Abhiyan, a teacher’s appointment is partial engagement and salary is paid to them in the form of honourarium, the petitioner’s counsel added stating that as their appointment was basically illegal there was no question of making any payment to them. The petitioner’s counsel submitted that the Saran commissioner had cancelled the illegal appointment of 17 teachers on a public petition and had directed the incumbent (new) BDO of Garkha block to cancel the said appointments. The commissioner had passed this order on the basis of reports of the DSE who is co-ordinator of Sarva Shikha Abhiyan, new BDO of Garkha block and the district programme officer. They had stated in their separate reports that the appointments made by the deputy mukhiya were illegal as it was done in violation of Bihar Elementary Teachers (Appointment and Service Condition) Rules. Contempt proceeding: The Patna High Court on Wednesday initiated contempt proceeding against the vice-chancellor of B N Mandal University for not complying with the court order to dispose of the representation of BNMU teacher Bhairav Mishra. A single bench presided by Justice Mihir Kumar Jha issued notice in this regard to the VC holding that he was guilty of contempt of court for not complying with the court direction to dispose of the representation of the petitioner Bhairav Mishra regarding payment of salary. The court maintained that the VC must file his show cause by April 21 and the case would be listed for hearing on April 23. HC no to assembly affidavit: A single bench presided by Justice Navin Sinha on Wednesday did not consider the counter-affidavit of Bihar legislative assembly to a writ petition challenging appointment of 89 persons against Class III posts in the assembly in 2003. THE TIMES OF INDIA; 20 Mar 2008, 0221 hrs IST , TNN