IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15089 of 2006 1. Pramod Kumar Yadav, son of resident of Village Chiraibigha, P.O. Dabur, P.S. Monch, Distt. Gaya. 2. Ram Pyare Kumar, son of Sri Mangar Yadav, resident of Village Dumra, P.S. Monch, P.O. Dabur, Distt. Gaya. --------- Petitioners Versus 1. The State of Bihar. 2. The Commissioner, Magadh Pramandal, Gaya. 3. The District Magistrate, Gaya. 4. The District Education Superintendent, Gaya. 5. The Block Development Officer, Guraru, Gaya. 6. The Mukhiya, Dabur Gram Panchayat. 7. The Secretary, Dabur Gram Panchayat, Dabur, Gaya. -------- Respondents ----------- 3 03.11.2010 Having heard learned counsel for the petitioners and counsel for the State as also taking into account that the following relief:- “1. That the instant application is directed for issuance of necessary writ or writs, orders or direction quashing the notification by which persons who are admittedly inferior to petitioners, have been appointed for the post of “Panchayat Shiksha Mitrra” by way of writ of certiorari as also commanding the concerned respondent authorities to consider the name of the petitioners for the said post as they are admittedly superior/senior point- wise/weightage wise in as much as not to grant salary to the so called appointees by way of issuing writ of mandamus.” has two facets, namely, a challenge to the appointment of certain persons, who are on the post of Shiksha Mitra, claimed to have been inferior in merit to the petitioners and also for their own appointment for the post of Shiksha Mitra, in the changed 2 circumstances, will have now two different results. While this Court would give liberty to the petitioners to approach the concerned District Teachers Appellate Authority so far it relates to challenging the appointment of any other person on the post of Shiksha Mitra who, in view of Rule 20(iii) of 2006 Rules and stand absorbed on the post of Panchayat Shikshak, it has to also hold that the petitioners now cannot be appointed on the post of Shiksha Mitra in view of the fact that the said post stands abolished with effect from 1.7.2006. That being so, the petitioners’ challenge can only be confined to any illegal appointment made on the post of Panchayat Shiksha Mitra before the District Teachers Appellate Authority. With the aforementioned observations and liberty, this application is disposed of. Rsh (Mihir Kumar Jha, J.)