IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No. 3605 of 2007 MD.MALIK SON OF IRFAN ALI ,RESIDENT OF VILLAGE KOLHAN, P.S.AJAM NAGAR, DISTRICT –KATIHAR. .....................................PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE COLLECTOR, KATIHAR, 3. THE KDISTRICT SUPRINTENDENT OF EDUCATION, KATIHAR,. 4. THE REGIONAL EDUCATION OFFICER, BARSOI, DISTRICT KATIHAR. 5. THE MUKHIYA, DEOGAN, GRAM PANCHAYAT, P.S.AJAM NAGAR, DISTRICT KATIHAR. 6. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ DEOGAN, P.S.AJAM NAGAR, DISTRICT KATIHAR 7. Md. ISHA SON OF AINAL HAQUE, 8. KAMAL HASSAN S/O SAMSU8L HASSAN, BOTH OF VILLAGE KOLHAN, 9. SARIK ALAM, S/O IBRAHIM, RESIDENT OF VILLAGE MULAI BARI.ALL OF P.O. KHARSAUTA, GRAMPANCHAYAT DEOGAON, P.S.AJAM NAGAR, DISTRICT KATIHAR...........................................................RESPONDENTS. 02/ 01.10.2010 Having heard learned counsel for the petitioner and learned counsel for the State as also the learned Counsel for the respondent No.8, with respect to the following prayers:- “1. That this writ application is for issuance of writ, order or direction in the nature of commanding the respondents specially respondents no.3,5 and 6 to Cancel the contractual appointment of respondents no.7, 8 and 9 who have illegally been appointed as Siksha Mitra for Deogaon Grampanchayat within Block Ajam Nagar, District Katihar and direction be given to appoint the petitioner as Siksha Mitra for Deogan Gram panchayat, as all 2 appointees have possess much lessor marks than this petitioner as the petitioner is having 63% Marks whereas all these appointees i.e. respondents no.7,8 and 9 have secured only 60% marks and 58% marks respectively which is illegal, arbitrary and against the guide lines for appointment of Siksha Mitra.” this Court is of the considered opinion that no direction can be issued for appointment of the petitioner on the post of Siksha Mitra inasmuch as the said post stands abolished with effect from 1-7-2006. The rest of the grievance of the petitioner as against the selection and appointment of respondents 7,8 and 9 however, can still be looked into by the District Teachers Appellate Authority provided the petitioner would file his complain within a period of one month from today. In such event the said authority shall decide the question raised by the petitioner strictly in accordance with law after affording opportunity of hearing to the petitioner as also the respondent Nos.7, 8 and 9 . It is, however, made clear that this court has not expressed any opinion on such claim of the petitioner and has simply remitted the matter to the authority which is now vested with the power to also look into any sort of anomaly 3 in the selection and appointment of Siksha Mitra. With the aforementioned observations and directions this writ application is disposed of . Devendra (Mihir Kumar Jha, J.)