IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1230 of 2007 RAJEEV KUMAR, son of Bindeshwari Sah, resident of village Lauwa Lagan, P.S. Chousa, District Madhepura … Petitioner Versus 1. THE STATE OF BIHAR 2. The Collector, Madhepura 3. The Block Development Officer, Chousa, P.S. Chousa, District Madhepura 4. Sri Nandlal Yadav, Ex-Mukhiya, Lauwa Lagan, East Gram Panchayat, P.S. Chousa, Village Lauwa Lagan East, District Madhepura 5. The Mukhiya, Lauwa Lagan East Gram Panchayat, P.S. Chousa, Block Chousa, District Madhepura 6. Sri Arun Kumar, son of Sri Fuleshwar Yadav, resident of village & P.O. Lauwa Lagan East, P.S. Chousa, District Madhepura 7. Block Education Officer (B.E.O.), Chausa Block, P.S. Chausa, District Madhepura 8. Panchayat Secretary, Lauwa Lagan East Gram Panchayat, P.S. Chausa, District Madhepura … O.P.-Respondents ----------- 2. 31.8.2010 No one appears for the petitioner. Counsel for the State is present. In the opinion of this Court while the prayer of the petitioner reading as follows: “This petition is directed against the most illegal appointment of Arun Kumar, O.P.No.6 on the post of Shiksha Mitra in the Lauwa Lagan East Gram Panchayat ignoring the most bonafide and genuine claim of the petitioner who has got first class Honours degree. Not only that in Intermediate Examination also he has got much less marks than the petitioner but because of out and out ulterior motive O.P.-respondent 2 no.6 was appointed at the instance of the then Mukhiya ignoring the most bonafide and genuine claim of the petitioner. The malafide on thepart of the then Mukhiya, O.P.- respondent no.4, is also evident from his behaviour that on demand of the petitioner, O.P.No.4 never disclose the fact that O.P.No.7 has been appointed and he also gave evasive reply with the sole view to misled the petitioner and relevant paper was also not made available to the petitioner.” so far it relates to a direction for appointment of the petitioner on the post of Shiksha Mitra must be held to have become infructuous in view of abolition of the post of Shiksha Mitra with effect from 1.7.2006 but then his grievance as with regard to illegality in the selection and appointment of respondent no.6 has to be still gone into by the competent authority, namely, Collector of Madhepura District. Therefore, respondent no.2, the Collector of Madhepura District, if moved in this respect by the petitioner, after issuing notice and giving opportunity of hearing to respondent no.6 would decide the illegality in appointment 3 of respondent no.6 as Shiksha Mitra and his subsequent conversion on the post of Panchayat Shikshak. If in course of such exercise it is found that the appointment of respondent no.6 initially on the post of Shiksha Mitra was itself illegal, rendering his conversion/ absorption on the post of Panchayat Shikshak to be equally bad, the resultant vacancy created on account of removal of respondent no.6 of the post of Panchayat Shikshak shall be filled up strictly in accordance with 2006 Rules. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/