IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.269 of 2011 In (CIVIL WRIT JURISDICTION CASE 5709/2010) 1. PHOOL KUMARI W/O RAM SOGARATH BIHARI R/O VILL.- NANAURA, P.O.- KOYALASTHAN, P.S.- KEOTI, DISTT.- DARBHANGA ....Appellant Versus 1. THE STATE OF BIHAR, THROUGH THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, BIHAR, PATNA 2. THE DISTRICT MAGISTRATE, DARBHANGA 3. THE DISTRICT EDUCATION OFFICER, DARBHANGA 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, DARBHANGA 5. THE BLOCK EDUCATION OFFICER, KEOTI BLOCK, DISTT.- DARBHANGA 6. THE BLOCK DEVELOPMENT OFFICER, KEOTI, DISTT.- DARBHANGA 7. MUKHIA, GRAM PANCHAYAT RAJ, NANAURA, P.O.- KOYALASTHAN, P.S.- KEOTI, DISTT.- DARBHANGA 8. PANCHAYAT SECRETARY-CUM-GRAM SEWAK, GRAM PANCHAYAT RAJ, NANAURA, P.O.- KOYALASTHAN, P.S.- KEOTI, DISTT.- DARBHANGA .......Respondents ---------------------------------- For the appellant: Mr. Sanjay Kumar, advocate For the State: Mr. Prahlad Kumar Bhagat GP 13 --------------- 7 06-09-2011 Heard the parties. Learned counsel for the State has submitted that the claim relating to appointment to the post of Shiksha Mitra cannot bear any fruitful result after the framing of Statutory Rules of 2006 by which the post of Shiksha Mitra was converted into that of Block Teacher/ Panchayat Teacher. In support of this proposition he has relied upon two Division Bench judgements of this court, one in a batch cases consisting of CWJC no. 10113 of 2007 (Smt. Renu 2 Kumari Panday Vs. the State of Bihar & Ors) and some analogous cases decided on 23-8-2011 and the other in the LPA no. 503 of 2009 (Umesh Chandra Shiva Vs. the State of Bihar & Ors) and another analogous appeal decided on 14-3-2011. The effect of these two judgements is that those who were not holding the post of Shiksha Mitra when the Rules of 2006 came into effect cannot be treated to have become Block Teacher/ Panchayat Teacher even if they had some grievance against selection of others and rejection of their candidature for the post of Shiksha Mitra. In view of aforesaid two binding precedents, this appeal is dismissed. BKS/- (Shiva Kirti Singh, J.) (Shivaji Pandey, J.)