IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2848 of 2007 Pradip Kumar Prabhakar, S/o Late Keshawanand Srivastava, resident of Village Sirisiya, P.S. Revilganj, P.O. Sirisiya, Via Revilganj, District Saran. ------- Petitioner Versus 1. The State of Bihar. 2. The Collector, Saran. 3. The District Superintendent of Education, Saran at Chapra. 4. Block Development Officer, Revilganj Block at & P.O. Revilganj, District Saran. 5. Gram Panchayat, Mohabbat Parsa through the Mukhiya, Village Mohabbat Parsa, P.O. & P.S. ravilganj, District Saran. 6. The Panchayat Secretary, Gram Panchayat Mohabbat Parsa, Village Mohabbat Parsa, P.O. & P.S. Revilganj, Distt. Saran. 7. Shashi Kumar Singh, son of Ram Prit Singh, resident of Village Mohabbat Parsa, P.O. & P.S. Revilganj, District Saran. ------- Respondents ----------- 2 01.10.2010 Having heard learned counsel for the parties as with regard to the following prayer:- “1(i) Quashing the appointment of respondent no.7 as Shiksha Mitra of Mohabbat Parsa Panchayat. (ii) Commanding the respondents no.1 to 5 to appoint the petitioner as Siksha Mitra of the aforesaid panchayat.” this Court is of the considered opinion that while now no direction can be issued for appointment of the petitioner on the post of Shiksha Mitra, inasmuch as, such post has already ceased to exist upon its abolition with effect from 1.7.2006, the grievance of the petitioner, as with regard to the 2 appointment of respondent no.7 despite having lesser marks, can be still looked into by the District Teachers Appellate Authority, if the petitioner would file a complaint within a period of one month from the date of receipt/production of a copy of this order. It is however made clear that the said authority shall pass its order on merit without going into the question of delay after giving opportunity of hearing to the petitioner as also respondent no.7. In the event, the authority will find that the appointment of the respondent no.7 as a Shiksha Mitra was unsustainable, the resultant vacancy on account of his absorption on the post of Panchayat Shikshak shall be filled up strictly in accordance with law in terms of the 2006 Rules, wherein the petitioner if qualified for the post of Panchayat Shikshak will also be given an opportunity of competing with others. With the aforementioned observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)