IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6089 of 2007 KUMARI SHILPA, w/o- Shambhu Kumar Pandey, r/o village- Musapur, P.S. Mufassil, District- Samastipur….. Petitioner. Versus 1. THE STATE OF BIHAR 2. The Secretary, Department of Primary & Adult Education, Government of Bihar New Secretariat, Patna. 3. The Commissioner, Darbhanga Division, Darbhanga. 4. The Collector-cum- District Magistrate, Samastipur. 5. The Sub-divisional Officer, Samastipur. 6. The Block Development Officer, Samastipur. 7. The Block Education Extension Officer, Samastipur. 8. Smt. Savita Devi, w/o- Arjun Pandit, Mukhiya, Gram Panchayat Raj Musapur, District- Samastipur. 9. Sri Phulendra Mandal, s/o- not known to the petitioner, Panchayat Sachiv, Gram Panchayat, Raj Musapur District- Samastipur. 10. Sukh Suvidha Samiti of Panchayat Raj Musapur, District- Samastipur through it’s Chairman. 11. Smt. Nibha Kumari @ Nibha Mishra, w/o- Kanhaiya Kumar Mishra, presently working as Shiksha Mitra, Upgraded Middle School, Musapur, District- Samastipur. 12. Mani Mala Kumari @ Kumari Mani Mala, w/o Mahendra Prasad presently working as Shiksha Mitra, Primary School, Musapur, District- Samastipur. … Respondents. ----------- 2. 27.10.2010 Heard learned counsel for the parties. The following prayer of the petitioner; “(i) For commanding the respondents to forthwith issue a letter of appointment to the petitioner as Shiksha Mitra in Gram Panchayat, Musapur in pursuance to application made by the petitioner in October, 2004 and her selection culminating in the order as contained in Letter No. 1187/ Sarva Shiksha dated 14.12.2006 issued under the signature of respondent no. 4 (as contained in Annexure-2) in the facts and circumstances of the case fully 2 enumerated hereinabove after directing the respondents to produce the appointment orders of respondent nos 11 and 12 and quashing the selection/appointment of respondent nos. 11 and 12.” have two facets, one relating to cancellation of selection and appointment of respondent no. 11 and 12 on the post of Shiksha Mitra and the other concerning her own appointment and in the changed scenario will have two different results, specially when the post of Shiksha Mitra has been abolished w.e.f. 1.7.2006. The appointment of the petitioner on the post of Shiksha Mitra now cannot be made on account of abolition of the post but then her grievance with regard to alleged illegality in the selection and appointment of respondent no. 11 and 12 can be still looked into because the respondent no. 11 and 12 have also become Panchayat Shikshak in terms of 2006 Rules. Since the 2006 Rules provide a statutory forum in the form of District Teachers Appellate Authority, the issue relating to alleged illegality in the selection and appointment of respondent no. 11 and 12 now absorbed on the Panchayat Shikshak has to be looked into by the aforesaid statutory Authority. 3 In that view of the matter, this writ application is disposed of with a liberty to the petitioner to move the concerned District Teachers Appellate Authority and in the event the petitioner would file such complaint, the same shall be decided by the appellate authority strictly in accordance with law after affording opportunity to the petitioner as well as respondent no. 11 and 12. With the aforementioned observations and directions, this writ application is disposed of. Kanchan (Mihir Kumar Jha, J.)