IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12040 of 2009 Bhupendra Kumar, Son of Shri Vakil Singh, resident of village- Bhikhampur, P.O.-Bhikhampur, P.S.-Bhagwanpur Hat, District-Siwan. …………Petitioner. Versus 1. The State of Bihar. 2. The Principal Secretary, Human Resources Development Department, Government of Bihar, Patn. 3. The Director, Primary Education, Bihar, Patna. 4. The Deputy Director, Primary Education, Bihar, Patna. 5. The District Magistrate, Siwan. 6. The Divisional Commissioner, Saran Division at Chapra. 7. The Deputy Development Commissioner-cum-Chairman, District Education Committee, Siwan. 8. The District Superintendent of Education, Siwan. 9. The Block Development Officer, Bhagwanpur Hat, District-Siwan. 10. The Block Education Extension Officer, Bhagwanpur Hat, District-Siwan. 11. The Mukhiya, Gram Panchayat Raj Bhikhampur, Block-Bhagwanpur Hat, District-Siwan. 12. The Panchayat Secretary, Gram Panchayat Raj Bhikhampur, Block- Bhagwanpur Hat, District-Siwan. ……….Respondents. 13. Kamal Hasan, Son of Rafique Mian, resident of village-Bhikhampur, P.S.- Bhagwanpur Hat, District-Siwan. 14. Yogendra Kumar, son of Badri Rai, resident of village-Nagwan, P.S.- Bhagwanpur Hat, District-Siwan. ………..Private Respondents. ----------- 2/ 19.11.2009 Heard counsel for the petitioner and the State. Petitioner’s prayer is for quashing the part of Memo No. 1899 dated 10.11.2006 whereby the Director, Primary Education, Bihar, Patna has informed the concerned authorities that there cannot be any appointment or selection of the Panchayat Shiksha Mitra. Further prayer is for quashing the order contained in Memo No. 108 dated 01.02.2007 issued by the Deputy Director, Primary Education, Bihar, Patna whereby guideline has been issued for not making any appointment of Panchayat Shiksha Mitra. Petitioner’s grievance is that in the year 2005 respondent Nos. 12 and 13 were appointed on the post of 2 Panchayat Shiksha Mitra on the basis of their forged and fake certificates, mark sheets. Petitioner had higher marks than the respondent Nos. 12 and 13 but, since, they produced forged mark- sheets, they got appointed. Subsequently, an enquiry was conducted in this regard. The report was submitted by the Bihar School Examination Board where it is specifically stated that the mark-sheets, which they had produced for their appointment was forged and fake. In fact, they got lesser marks than the petitioner. For this, the prayer of the petitioner is for termination of respondent Nos. 12 and 13 and to appoint the petitioner in their place. I find that in view of the different guidelines issued by the Director, Primary Education, Bihar, Patna, petitioner cannot claim his appointment on the post of Panchayat Shiksha Mitra as the post itself has become non-existent. So far continuance of respondent Nos. 12 and 13 on the post of Panchayat Shiksha Mitra is concerned, the D.S.E., Siwan and Block Education Extension Officer, Bhagwanpur are directed to enquire into the matter. In case the stand taken by the petitioner is correct, a departmental proceeding be initiated against respondent Nos. 12 and 13 in case charges are proved against them, proper order be passed relating to termination of their services. This application is disposed of. Sanjeet/ (Mridula Mishra, J.)