IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4499 of 2007 1. BIRENDRA KUMAR BIMAL 2. Rabindra Kumar, both sons of Shri Rajeshwar Rai, resident of village Shankarpur Bindhi, P.S. Piprahi, District Sheohar. Versus 1. THE STATE OF BIHAR 2. District Magistrate, Sheohar. 3. District Superintendent of Education, Sheohar. 4. Block Development Officer, Piprahi Block, Piprahi, P.S. Piprahi, District Sheohar. 5. Block Education Extension Officer, Piprahi, P.S. Piprahi, District-Sheohar. 6. Sri Laxmi Rai, Mukhiya of Mohanpur Gram Panchayat under Piprahi Block, P.S. Piprahi, District Sheohar. 7. Sri Ram Krit Maqhto, Panchyat Sachiv of Mohanpur Gram panchayat under Piprahi Block, P.S. Piprahi District Sheohar. 8. Shatrughan Kumar son of Sri Ram Binay Rai, resident of village Shankarpur Bindhi, P.S. Piprahi, District Sheohar. 9. Bibha Kumari Wife4 of Sri Gyanendra Jha, resident of village Mohanpur, P.O. Rewasi, P.S. Piprahi, District Sheohar. 10. Shailendra Kumar sonof Sri Laxmi Rai, Mukhiya, resident of village Shankarpur, Bindhi, P.O. Bhagwanpur, P.S. Piprahi, District Sheohar. 11. Pooja Kumari, wife of Sri Niranjan Pandit, resident of village Shankarpur Bindhi, P.O. Bhagwanpur, P.S. Piprahi, District Sheohar. 12. Seema Kumari wife of Sri Prabhat Kumar, resident of village & P.O. Chhatauna, P.S. Piprahi, District Sheohar. 13. Ram Babu Ram Son of Sri Ram Shrestha Ram, resident of village Shankarpur Bindhi, P.O. Bhagwanpur, District Sheohar. -------- 2 26.10.2010 Having heard counsel for the petitioners and counsel for the State as with regard to the following relief:- “(i)Both the petitioners be appointed on the post of Shiksha Mitra of Mohanpur Panchayat under Piprahi Block, Districft Sheohar. (ii)Both the petitioners who are fulfilling all the criterias for the appointment of Shiksha Mitra, they should have been appointed as Shiksha Mitra in the aforesaid Panchyat i.e. Mohanpur Gram Panchayat. (iii)Both the petitioners, if they may be appointed, the arrear salary should have been paid to them. (iv)Respondents Nos. 8 to 13, who have been illegally appointed adopting illegal procedure, their appointment be declared void and illegal and in their places both the petitioners be appointed. (v)Both the petitioners be appointed as Shiksha Mitra in mohanpur Gram Panchayat because they fulfill all the criterias of the Guideline 2 issued by the Human Resources Development Department, Government of Bihar. (vi)The selection of Respondents Nos. 8 to 13 as Shiksha Mitra in Mohanpur Gram Panchayat under Pipriabi Block, Distt. Sheohar be quashed.” While this Court must hold that the directions sought for selection and appointment of the petitioners on the post of Shiksha Mitra cannot be issued in view of abolition of the post of Shiksha Mitra w.e.f. 1.7.2006, but their grievances as with regard to selection and appointment of respondent nos. 8 to 13 as Shiksha Mitra despite having lesser marks than them (petitioners), can still be made subject matter of a complaint before the District Teachers Appellate Authority. If the petitioners would file complaint before the concerned District Teachers Appellate Authority, the same will be examined and decided strictly in accordance with law and only after giving opportunity of hearing to the petitioners as also to respondent nos. 8 to 13. With the aforementioned observations and directions this application is disposed of. Abhay Kumar ( Mihir Kumar Jha, J.)