IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6189 of 2007 BIBHA KUMARI DEVI, wife of Tuneshwar Pandey, resident of village Chaiya Chak Sheopur, pS- Garahani, District- Bhojpur. ….. Petitioner. Versus 1. THE STATE OF BIHAR 2. The Collector of the District Bhojpur at Arrah. 3. The District Superintendent of Education, Bhojpur at Arrah. 4. The Inspector of Education at Garahni, Block, Bhojpur. 5. Block Development Officer, Garahni Block, Bhojpur. 6. Mukhiya of the Panchayat Baraura, PS- Garahni, District- Bhojpur. 7. Secretary of Panchayat baraura, PS- Garahni, District- Bhojpur. 8. Lilawati Devi, wife of Ajay Singh, resident of village- Baraura, PS- Garahni, District- Bhojpur. … Respondents. ----------- 2. 27.10.2010 No one appears for the petitioner. Counsel for the State is present. The following prayer of the petitioner; “1. That this is an application for issuance of writ in nature of certiorari to quash/cancel the appointment of respondent no. 8 on the post of Siksha Mitra, illegally selected by respondent no. 6 and approved by respondent no. 2 inspite of several representation filed by petitioner without examining the selection process and list of selection on basis of marks obtained by candidates and also for appoint the petitioner on the post of Siksha Mitra in place of respondent no. 8.” have two facets, one relating to cancellation of selection and appointment of respondent no. 8 on the post of Shiksha Mitra and the other concerning her own appointment and in the changed scenario will have two 2 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. 8 can be still looked into because the respondent no. 8 has 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. 8 on the post of Shiksha Mitra absorbed on the post of Panchayat Shikshak therefore has to be looked into by the aforesaid statutory authority. 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. 8. 3 With the aforementioned observations and directions, this writ application is disposed of. Kanchan (Mihir Kumar Jha, J.)