IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3060 of 2007 Alka Rani, wife of Santosh Kumar and Daughter of Bindeshwari Singh, resident of Village Jigina, P.S. Dinar, District Rohtas at Sasaram. ------- Petitioner Versus 1. The State of Bihar. 2. The District Magistrate, Rohtas at Sasaram. 3. The Deputy Development Commissioner, Rohtas at Sasaram. 4. The District Education Officer, Rohtas, at Sasaram. 5. The Block Development Officer, Dinara, Rohtas at Sasaram. 6. The Block Education Officer, Dinar, District Rohtas at Sasaram. 7. Mukhiya Gram Panchayat, Jamroah, P.S. Dinara, District Rohtas at Sasaram. -------- Respondents ----------- 2 01.10.2010 Having heard learned counsel for the petitioner as with regard to the following prayer:- “1. That this is an application for issuance of appropriate writ/writs, order/orders and direction /directions against the respondent authorities for the considering the name of the petitioner on the post of “Sikchha Mitra”, in the penal of the Jamroh Panchayat under Block Dinara and as such the petitioner has been filed an application for the post of “Siksha Mitra” on 28.9.2004, the petitioner obtained 498 marks out of full marks 900 in which the merit of the petitioner is better than one selected “Siksha Mitra” namely Prema Devi wife of Sushil Kumar Singh who obtained 462 marks out of full marks 900. In this respect the petitioner has been deprived from the selection as 2 a “Sikcha Mitra”. The respondent authorities did not consider the representation filed on 31.8.2006, filed by the father in law of the petitioner before respondent no.2. It is further submitted that the name of the petitioner does not consider on the basis of the marks due to selection of below marks obtained candidates namely Prema Devi has been selected as a Panchayat Sikcha Mitra in Primary School Jigna, and in this respect the father in law of the petitioner has raised objection before authorities concerned but no action has been taken before authorities concerned but no action has been taken up till now, the action of the respondent authorities is unjustified and violation of the natural justice as well as illegal in light of the circular of the Government of Bihar.” and the prayer made in I.A. No. 3980 of 2009, this Court would allow the prayer of the petitioner for impleading Smt. Prema Kumari, Wife of Sri Sushil Kumar Singh, Resident of Village Jigina Panchayat at Jamrodh, P.S. Dinara, Distt. Rohtas, as respondent no.8 to this writ application. As the claim of appointment of the petitioner on the post of Shiksha Mitra 3 stands extinguished on account of abolition of the post of Shiksha Mitra with effect from 1.7.2006, the petitioner cannot now be appointed on the post of Shiksha Mitra but then her grievance as with regard to the selection and appointment of respondent no.8 shall be looked into by the District Teachers Appellate Authority, which would decide the matter on merit if a complaint to this effect is filed by the petitioner. The authority, however, before passing an order would afford opportunity of hearing not only to the petitioner but also to the respondent no.8. With the aforementioned observation and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)