IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1363 of 2007 KISHOR KUMAR Son of Late Ram Bilash Sah, resident of village Alani, P.S. Salkhua, Distt. Saharsa. Versus 1. THE STATE OF BIHAR 2. District Magistrate, Saharsa. 3. District Superintendent of Education, Saharsa. 4. Block Educational Extension Officer, Salkhua Block, Saharsa. 5. Gram Sevak Alani panchayat under block Salkhua, Distt. Saharsa. 6. Sri Ramchandra Sada, Present Mukhiya Alani Panchayat under Block Salkhua, Distt. Saharsa. 7. Bonod Sah @ Binod Kumar S/o Hari Mohan Sah, resident of village Alani, P.S. Salkhua, Distt. Saharsa. ----------- 2 31.08.2010 No one appears for the petitioner. Counsel for the State is present. Having taken into consideration the following relief of the petitioner in this writ application, “That this application is being filed for issuance of appropriate writ/writs, direction/directions commanding the Respondents authorities to appoint the petitioner on the post of Siksha Mitra/ Panchayat Mitra in the Alauli Panchayat under Block Salkhua Distt. Saharsa as the persons who have got less marks than the petitioner have been appointed but the petitioner has not appointed on the above post in arbitrary manner.” so far it relates to a direction for appointment of the petitioner on the post of Siksha Mitra cannot be allowed, inasmuch as, the post of Siksha Mitra has stood abolished w.e.f. 1.7.2006, whereas this writ application was filed on 1.2.2007, but then his grievance with regard to selection of respondent no. 7 on the post of Siksha Mitra can still be looked into by the competent authority, namely, the Collector of the district, if the petitioner would file a fresh representation to the Collector of Saharsa district. The 2 Collector of Saharsa district in such case will enquire into the alleged illegality in appointment of respondent no.7 only after giving notice/ opportunity of hearing to respondent no.7 and if it is found that appointment of respondent no.7 was illegal, being in teeth of the Government circular, he would cancel the appointment of respondent no.7, whereafter the vacancy caused on account of cancellation of his appointment on the post of Panchayat Sikshak shall be filled up strictly in accordance with 2006 Rules meant for filling up the post of Panchayat Sikshak. With the aforementioned observation/direction this application is disposed of. Abhay Kumar ( Mihir Kumar Jha, J.)