IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6342 of 2007 Sanjay Kumar Tripathi, S/o Sri Ram Sagar Singh, resident of Village Banhaiti, P.O. Narhan, P.S. Bibhutipur, District Samastipur. ------ Petitioner Versus 1. The State of Bihar through the Chief Secretary, Bihar, Patna. 2. The Secretary, Primary and Adult Education Department, Government of Bihar, Patna. 3. The District Magistrate, Samstipur. 4. The D.S.C., Samastipur. 5. The Block Development Officer, Bibhutipur Block, District Samastipur. 6. The Panchayat Secretary, Gram Panchayat Raj Chora Tabhaka, Bibhutipur Block, Samastipur. 7. The Mukhia, Gram Panchayat Raj Chora Tabhka, Bibhutipur Block, District Samastipur. 8. Sri Sanjay Kumar Singh, S/o Sri Jhari Lal Singh, Primary School Saidpur, P.O. Narhan, District Samastipur. 9. Sri Randhir Bhartiya, S/o Sri Sita Ram Poddar, Primary School Rotganna, P.O. Narhan, District Samastipur. ------- Respondents ----------- 2 27.10.2010 Having heard learned counsel for the petitioner and counsel for the State as with regard to the following relief:- “1(A) To set aside letter No.-38 dated 7.5.2005, as contained in Annexure-3, issued under the signature of the Mukhia, Gram Panchayat Raj Chora Tabhaka, Samastipur, so far the same relates to selection and appointment of respondent no.-8 and 9 as Shiksha Mitra at Gram Panchayat Raj Chora Tabhka. (B) For a direction upon the respondent authorities to select and appoint the petitioner as Shiksha Mitra at Gram Panchayat Raj Chora Tabhaka, in place of the 2 respondent no.-8 and 9 with all the consequential benefits.” and taking into account that the post of Shiksha Mitra has already been abolished with effect from 1.7.2006, no direction can now be issued by this Court for the selection and appointment of the petitioner. Nonetheless, the grievance of the petitioner with regard to the alleged illegality in the selection and appointment of the respondent nos.8 & 9 can still be gone into by the concerned District Teachers Appellate Authority. That being so, if the petitioner would file a complaint to this effect before the concerned District Teachers Appellate Authority, the same shall be disposed of strictly in accordance with law after affording opportunity of hearing to the petitioner as also the respondent nos.8 & 9. With the aforementioned observations, this application is disposed of. Rsh (Mihir Kumar Jha, J.)