IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3749 of 2007 1. Geeta Kumari, D/o Hira Lall Rai. 2. Laxmi Kumari, D/o Sri Shyama Prasad Rai. Both resident of village Masharakh Dakhin Tola, P.S. & Block Masharakh, Distt. Chapra (Saran). ---------- Petitioners Versus 1. The State of Bihar. 2. The Secretary, Department of Primary & Adult Education, Govt. of Bihar, New Secretariat, Bailey Road, Patna. 3. The Director, Primary & Adult Education, Govt. of Bihar, New Secretariat, Bailey Road, Patna. 4. The Collector, Chapra(Saran). 5. Deputy Development Commissioner, Chapra, Saran. 6. The District Education Officer, Chapra (Saran). 7. The Block Development Officer cum Supervisor, Bihar Panchayat Primary Teacher’s Selection, Masharakh, Saran. 8. The Block Education Officer, Masharakh, Saran. 9. The Mukhiya, Gram Panchayat Raj Bangra, P.S. Masharakh, Distt. Chapra (Saran). 10. The Panchayat Sevak cum Secretary, Gram Panchayat Masharakh, East, under Block Masharakh, P.S. Masharakh, Chapra (Saran). --------- Respondents ----------- 2 01.10.2010 Having heard learned counsel for the parties as with regard to the following prayer:- “1(I)For issuance of a writ in the nature of mandamus commanding the respondents to select the petitioners for the post of Panchayat Primary teacher by cancelling the selection of the persons having lesser marks and qualification then the petitioners who have been selected by the respondents curtailing the legitimate rights of the petitioners in a most arbitrary manner making apparent discrimination with the petitioners as despite having more 2 marks and better qualifications they have not been selected in utter violation of the guidelines issued by the State of Bihar which clearly speaks that the selection may be made on the basis of the higher marks acquired the candidates. (II) For issuance of an appropriate writ/writs, order/orders for ascertaining the circumstances under which the petitioner’s claim has been thrown away in the dustbin by the respondents denying their genuine and legitimate claim showing non submission of the applications for appointment in order to frustrate genuine claim of the petitioners and to select the persons of their own choice adopting pick and choose method for which there is no room in the constitution of India. (III) For fixing the liability upon the authority concerned under whose connivance the petitioners have not been selected to the post for which they were entitled, and the incapable and less marks holders have been selected. (IV) For issuance of an appropriate direction for recovery of the salary paid to the selected persons from the pocket of the respondent concerned under whose connivance the incompetent persons have been selected and given the salary.” this Court is of the considered opinion that 3 while now no direction can be issued for appointment of the petitioners 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 petitioners, as with regard to the appointment of other persons having lesser marks than the petitioners, can be looked into by the District Teachers Appellate Authority, if the petitioners would file a complaint within a period of one month from the date of receipt/production of a copy of this order. It is 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 petitioners as also other persons who may become adversely affected on account of such decision of the Authority. With the aforementioned observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)