IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2572 of 2007 Shyam Kumar, son of Sri Dineshwar Ram, Resident of Village Budhma, P.S. Udakishunganj, District Madhepura. -------- Petitioner Versus 1. The State of Bihar. 2. The District Magistrate, Madhepura. 3. The District Superintendent of Education, Madhepura. 4. The Block Development Officer, Udakshunganj, District Madhepura. 5. The Block Education Extensin Officer, Udakishunganj, District Madhepura. 6. Ranjan Kumar Paswan, son of Banarsi Paswan, resident of Village Budhma, P.S. Udakshunganj, District Madhepura. -------- Respondents ----------- 2 01.10.2010 Having heard learned counsel for the parties as with regard to the following prayer:- “1. That this is an application for issuance of an appropriate writ/writs, order/orders, direction/ direction for commanding and directing the authorities concern for the consideration of his candidature an appointment as the Panchayat Shiksha Mitra taking into consideration the seniority in the status having the higher marks under the academic qualification as well as the appointment the Juniors having lesser marks. and the further prayer of the petitioner for his recognition as the Panchayat Teacher in terms of the letter as contained in Memo no. 1219 dated 8.8.2006.” this Court is of the considered opinion that 2 while now no direction can be issued for appointment of the petitioner on the post of Shiksha Mitra, inasmuch as, such post has already ceased to exist upon its abolition with effect from 1.7.2006, the grievance of the petitioner, as with regard to the appointment of respondent no.6 despite having lesser marks, shall be looked into by the District Teachers Appellate Authority, if the petitioner would file a complaint within a period of one month from the date of receipt/production of a copy of this order. It is made clear that the said authority shall pass its order on merit without going into the question of delay after giving opportunity of hearing to the petitioner as also respondent no.6. In the event, the authority will find that the appointment of the respondent no.6 as a Shiksha Mitra was unsustainable, the resultant vacancy on account of his absorption on the post of Panchayat Shiksha shall be filled up strictly in accordance with law in terms of the 2006 Rules, wherein the petitioner will also be given an opportunity 3 of competing with others. With the aforementioned observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)