IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.11192 of 2010 ================================================= Irfan Ahmad, S/o Md. Aabbas, Resident of Village Bauram, P.S. Jamalpur, District- Darbhanga. ...... Petitioner. Versus 1. The State of Bihar. 2. The Principal Secretary, Human Resource Department, Govt. of Bihar, Patna. 3. The Director, Primary Education, Govt. of Bihar, Patna. 4. The District Magistrate, Darbhanga, District- Darbhanga. 5. The S.P., Darbhanga, District- Darbhanga. 6. The District Superintendent of Education, Darbhanga, District- Darbhanga. 7. The District Welfare Officer, Darbhanga, District- Darbhanga. 8. The Member, District Teachers Employment Appellate Authority, Balbhadrapur, Laheria Sarai, Darbhanga, District- Darbhanga. 9. The B.D.O., Gaura Bauram, District- Darbhanga. 10. The Block Education Extension Officer, Aura Bauram, District- Darbhanga. 11.The Officer In-Charge, Jamalpur Police Station, District- Darbhanga. l2. The Mukhia, Gram Panchayat Raj, Gaura Bauram, P.S. Jamalpur, District- Darbhanga. 13. The Secretary, Gram Panchayat, Gaura Bauram, District- Darbhanga. .... Respondents. ================================================= Appearance: For the Petitioner : Mr. Ajay Kumar & Mr. R.S. Singh, Advocates For the Respondents: Mr. Rajesh Kumar Singh, A.C. to A.A.G.-2. ================================================= CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S.K. KATRIAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 02. 20.7.2010 This petition under Article 226 of the Constitution has been brought before us by a concerned citizen to challenge the action of the Gram Panchayat, Gaura Bauram, District- Darbhanga in making appointment of seven Shiksha Mitras (Primary School Teachers) during the years 2003 and 2005. Learned Advocate Mr. Ajay Kumar has appeared for the petitioner. He has submitted that the petitioner is a public spirited person and is resident of village Gaura Bauram. By making seven appointments against the five sanctioned posts the Gram Panchayat has committed illegality. The wages paid to these teachers are unnecessary burden on the public exchequer. Learned Government Advocate Mr. Rajesh Kumar has appeared for the respondents. He has drawn our attention to the documents annexed to the petition (Annexures-1 and 1/1). He has submitted that there were two existing posts of Shiksha Mitras for Gram Panchayat, Gaura Bauram and five more posts were allotted. Thus, the Gram Panchayat had made seven appointments. Prima facie, we are not satisfied that the petitioner has a cause of action; second the reliefs prayed for by the petitioner are vague. The persons whose 3 appointments are challenged in this petition are also not made parties to the petition. Further what is challenged before us in the year 2010 is the appointment of teachers made during the years 2003 and 2005. In our opinion, by no stretch of imagination, the petitioner can be said to have brought this petition in public interest. The petition is summarily rejected. (R.M. Doshit, C.J.) (S.K. Katriar, J.) S.K.Pathak/