IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1307 of 2007 RADHE SHYAM PRASAD son of Ram Nagina Prasad Resident of village Hussepur Navka Tola, P.S. and Block Bhorey, District Gopalganj. Versus 1. THE STATE OF BIHAR 2. The Secretary Cum Commissioner, Department of Human Resources, Development Government of Bihar, Patna. 3. Zila Padadhikari (Collector), Gopalganj. 4. District Superintendent of Education Gopalganj. 5. Block Development Officer (Prakhand Vikas Padadhikari_, Bhorey, District Gopalganj. 6. Block Education Extention Officer (Prakhand Shiksha Prasar Padadhikari), Bhorey, District Gopalganj. 7. Gram Panchayat Hussepur, Prakhand Bhorey, District Gopalganj, through its Mukhiya. 8. Mukhiya, Gram Panchayat Raj Hussepur, Block, Bhorey, District Gopalganj. 9. Secretary Cum Panchayat Sewak, Gram panhayat Raj Hussepur, Block Bhorey, District Gopalganj. 10. Kavineshwasr Tiwari son of Gorakh Nath Tiwari 11. Sunil Kumar Tiwari son of Raghav Nath Tiwari, Both Resident of village Tiwari Chakiya (Noniyachhaper), P.O. Hussepur, P.S. Bhorey, Distrct Gopalganj. 12. Rajiv Kumar Pandey son of Suresh Pandey, Resident of Villge Khagram Chhaper, P.S. Bhorey, District Gopalganj. 13. Avnish Kumar Tripathi, son of Pushkar Nath Tiwary, resident of village Tiwari Chakiya (Noniyachhpar), P.S. Bhorey, District Gopalganj. 14. Pankaj Kumar Pandey son of Prem Narayan Pandey Resident of village Khagram Chhaper, P.S. Bhorey, District Gopalganj. 15. Vijaya Luxmi daughter of Shambhu Nath Tiwari. 16. Smt. Sandhya Tripathi wife of Ajay Kumar Tripathi, Both Resident of village Tiwari Chakiya (Noniyachhaper) P.S. Bhorey District Gopalganj. ----------- 2 31.08.2010 Having heard counsel for the petitioner and the counsel for the State in respect of following relief, “That this is an application for issuance of writ in the nature of certiorari for quashing the selection of private respondents whose names are mentioned in selection list as contained in Annexre-3 and also for issuance of direction commanding the respondent authorities to select and appoint the petitioner as Panchayat Shiksha Mitra.” while this Court would find it difficult to grant any relief by way of a direction for appointment of the petitioner on 2 the post of Siksha Mitra, inasmuch as, such post of Siksha Mitra stood abolished w.e.f. 1.7.2006, whereas, this writ application was filed on 1.2.2007. This Court would, however, give liberty to the petitioner to approach the District Teachers Appellate Authority, Gopalganj (hereinafter referred to as the Authority) as with regard to the alleged illegality in the selection and appointment of respondent nos. 10 to 16. In the event the petitioner would approach the aforesaid Authority by filing a fresh representation/complaint confining his grievance of illegality in the selection and appointment of respondent nos. 10 to 16, the Authority after issuing notice and also extending an opportunity of hearing to respondent nos. 10 to 16 would take its final decision in the matter of their initial engagement as Siksha Mitra and the consequential subsequent conversion/absorption on the post of Panchayat Shikshak. It is made clear that this Court has expressed no opinion on the alleged illegality in the selection/appointment of respondent nos. 10 to 16 which has to be decided by the Authority of Gopalganj district in accordance with the circular/policy decision which was in vogue at the time of their engagement/appointment on the post of Siksha Mitra. It is also made clear that if the Authority comes to a conclusion that the selection and appointment of respondent nos. 10 to 16 or any one of them was illegal, it will pass appropriate order for canceling 3 selection and appointment of the concerned respondents, whereafter the vacancies created on account of such cancellation of their appointment on the post of Panchayat Sikshak, shall be filled up in accordance with 2006 Rules meant for filling up the post of Panchayat Shikshak. With the aforementioned observation/direction this application is disposed of. Abhay Kumar ( Mihir Kumar Jha, J.)