IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1239 of 2007 1. MOHAN KUMAR, son of Shri Dhaneshwar Paswan, resident of village Hikshapur, Police Station Konch, District Gaya. 2. Shashi Kumar Verma, Son of Shri Ram Naresh Prasad Singh 3. Sanju Kumari, wife of Shri Shambhu Kumar Singh 4. Rita Kumari, wife of Shri Shashank Kumar Manglam. All residents of village- Pali, Police Station Konch, District Gaya. Versus 1. THE STATE OF BIHAR through the Secretary, Human Resources Development Department, Govt. of Bihar, Patna. 2. The Secretary, Human Resources Development Department, govt. of Bihar, Patna. 3. The District Magistrate, Gaya. 4. The Block Development Officer, Konch Block, Gaya. 5. The Block Education Extension officer, Konch Block, Gaya. 6. The Panchayat Secretary, Uttarian Gram Panchayat, Konch, Gaya. 7. Mr. Ramesh Kumar Singh, son of Sri Ramadhar Singh, resident of village Chetbigha, Police Station Konch, District Gaya. 8. Mr. Ranjeet Kumar, son of Sri Ram Lakhan Yadav, resident of village Belipar, P.S. Konch, District Gaya. ----------- 2 31.08.2010 Having heard counsel for the petitioners and counsel for the State with regard to the following prayer of the petitioners, “(i)For issuance of an appropriate order/ orders, direction/ directions, writ/ writs directing and commanding the Respondent District Magistrate, Gaya to initiate appropriate action against the erring persons on the basis of enquiry report submitted by the Committee constituted by him for holding enquiry with respect to illegalities committed in appointment of „Siksha Mitras‟ in the district including Uttarian Gram Panchayat under Konch Block of Gaya District. (ii)For issuance of a further direction to the said Respondent to ensure issuance of appointment letters in favour of the petitioners by the competent authority on the post of „Shiksha Mitras‟ in Uttarian Gram Panchayat on the basis of fresh panel of „Panchayat Shiksha Mitras‟ prepared by the committed after holding enquiry in the matter as aforesaid in which petitioners have obtained highest points and fulfill all other criterias according to 2 roaster prepared for the existing vacancies. (iii)For further to restrain Block Development Officer, Konch/ Panchayat Secretary, Uttarian Gram Panchayat from allowing the Respondents No. 7 & 8 to continue on the post of „Shiksha Mitras‟ and not to make payment of honorarium to them on the basis of their illegal continuance over the said post.” while this Court would hold that the main relief of the petitioners as with regard to their appointment cannot be given effect to on account of abolition of the post of Siksha Mitra w.e.f. 1.7.2006, the remaining issue raised by them as with regard to the partisan role played by the authorities in selecting and appointing respondent nos. 7 and 8 on the post of Siksha Mitra should be gone into by the District Teachers Appellate Authority, Gaya if a complaint for this purpose is filed by the petitioner. If the Authority after giving notice to respondent nos. 7 and 8 as also affording them opportunity of personal hearing would come to a conclusion that that appointment of respondent nos. 7 and 8 initially on the post of Siksha Mitra was illegal, it would cancel their resultant subsequent absorption on the post of Panchayat Shikshak, whereafter the posts becoming vacant on account of their termination may be filled up strictly in accordance with 2006 Rules meant for filling up the post of Panchayat Shikshak. This Court, however, would immediately clarify, that it has expressed no opinion on the merits of claim of the petitioners with regard to illegality selection and appointment of respondent nos. 7 and 8 on the post of Siksha Mitra and/or absorption on the post of Panchayat Shikshak. Such decision has 3 to be taken by the District Teachers Appellate Authority of Gaya district strictly in accordance with 2006 Rules. With the aforementioned observation/direction this application is disposed of. Abhay Kumar ( Mihir Kumar Jha, J.)