IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1251 of 2007 SUNIL KUMAR, son of Panchanan Yadav, resident of Village Dahuaghat, P.O. Malbathan, P.S. Katoriya, District- Banka. Versus 1. THE STATE OF BIHAR 2. The District Magistrate, Banka, District Banka. 3. The District Suprintendent of Education Cum District Programme Convenor, Banka, District Banka. 4. The Block Education Extension Officer, Katoria, District Banka. 5. Mukhiya of the Gram Panchayat of Basmantha Block, Katoria, District Banka. ----------- 2 31.08.2010 Having heard counsel for the petitioner and counsel for the State in respect of the following prayer of the petitioner, “That this application is being filed for direction to the respondents to consider the case of the petitioner for appointment on the post of Siksha Mitra against the vacant and sanctioned post since date of filing of application of the petitioner and further issue direction for regularized the service of the petitioner as the service of other Siksha Mitra has been adjusted as Panchayat teacher and further given other relief for which petitioner may be found entitled in the eye of law.” while this Court would refrain from issuing direction for appointment of the petitioner on the post of Siksha Mitra on account of abolition of the post of Siksha Mitra w.e.f. 1.7.2006, this Court would still give liberty to the petitioner to pursue his representation assailing selection and appointment of eligible persons on the post of Siksha Mitra. If on examination of such representation of the petitioner as contained in Annexure-3 or a fresh copy of the representation to be filed by the petitioner confining the issue raised in Annexure-3, it is found that petitioner’s selection and appointment on the post of Siksha Mitra was not made on account of illegality in the selection and 2 appointment of some other persons, the Collector of Banka district having issued notice to such persons and also giving opportunity of hearing to them would pass a final order as with regard to illegality in their appointment. It is made clear that this Court has not expressed any opinion on such illegality as the persons, in fact, have not been even made party to this writ application, but if the Collector in course of certain enquiry would find that there was illegality in the selection and appointment on the post of Siksha Mitra as is claimed by the petitioner in his representation as contained in Annexure-3, he will have liberty to cancel such illegal selection and appointment on the post of Siksha Mitra but only after giving an opportunity of hearing to the effective persons. In the event, such appointment of any person on the post of Siksha Mitra and his/her absorption on the post of Panchayat Shikshak is cancelled, the vacancy so created on the post of Panchayat Shikshak shall be filled up strictly in accordance with 2006 Rules meant for filing up such post of Panchayat Shikshak. With the aforementioned observation/direction this application is disposed of. Abhay Kumar ( Mihir Kumar Jha, J.)