IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.300 of 2011 Amit Kumar, Son of Late Bindeshwari Prasad Yadav, resident of Village-Saran, P.S.-Kasba, District-Purnea………………….Petitioner/Appellant Versus 1. The State Of Bihar. 2. The Secretary, Primary and Adult Education Human Resources Department, Govt. of Bihar. 3. The District Superintendent of Education, Purnea. 4. The Block Education Officer, Kasba, Purnea. 5. The Panchayat Sachiv, Bareta Gram Panchayat P.S. Kasba, District-Purnea. 6. The Mukhiya, Bareta Gram Panchayat, P.S. Kasba, District-Purnea. 7. The Head Master, Bareta Santhal Primary School P.O. Gadhbanailli, District- Purnea. 8. The District teachers appointment appellate authority, Purnea. 9. Sri Shailendra Kumar Roy, Son of Sri Bhola Mandal Village-Sarra, p.s.- Kasba, P.O.-Gadhbanailli, Districst-Purnea………………..Respondent. ----------- 3. 5.7.2011 Heard learned counsel for the appellant and learned counsel for the State. Vide the order under appeal dated 8.9.2010, the writ petition preferred by the appellant bearing C.W.J.C. No. 9280 of 2010 has been dismissed summarily after noticing that he was allegedly removed from service in February, 2006 whereas he claimed to have filed an appeal before the Appellate Tribunal in the year 2009. In the opinion of the writ Court, the writ petition was filed after gross delay. On making inquiries in respect of the order of termination and proof of appeal to the Appellate Tribunal in the year 2009, it has been submitted on behalf of the appellant that there was no written order of termination nor the Appellate Tribunal has entertained the appeal allegedly filed in the year 2009. In response to certain inquiries made by the appellant under Right to Information Act, a communication has been made to him 2 vide Annexure-7 dated 7.4.2010 which discloses that the selection of the appellant on the post of Shiksha Mitra was found to be contrary to provisions for reservation and hence the selection was not approved. Subsequently fresh selection was made in which the appellant could not succeed. It is not in dispute that engagement of Shiksha Mitra used to be only for a tenure of 11 months and subsequently that post stands converted under statutory rules whereunder, the holder of the said post has become Panchayat Teacher. From the material on record, it is evident that the appellant did not challenge the cancellation of selection made earlier within reasonable time, and other persons subsequently selected were appointed long back. In our view, the writ Court rightly declined to interfere in the matter, the appeal, therefore, is dismissed. Mkc/ ( Shiva Kirti Singh, J.) (Shivaji Pandey,J.)