IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9388 of 2003 1. POONAM KUMARI, wife of Sri Sastyendra Narayan Singh, resident of village Amba, P.O. Saduri Karma, P.S. Barun, District Aurangabad. 2. Gita Kumari, wife of Sri Sanjay Kr. Singh, resident of village Amba, P.O. Saduri Karma, P.S. Barun, District Aurangabad. Versus 1. THE STATE OF BIHAR through its Chief Secretary, Govt. of Bihar, Old Secretariat, Patna. 2. The Sukh Subidha Committee constituterd at Panchayat Level. 3. Mukhiya, Gram Panchayat, Meh, P.O. Saduri Karma, P.S. Barun, District Aurangabad. 4. The Jan Sevak Cum Secretary, Gram Panchayat, Meh. 5. The District Superintendent of Education, Aurangabad at Aurangabad. 6. The District Magistrate, Aurangabad at Aurangabad. 7. The Block Education Extension officer, Barun, P.O. Barun, District Aurangabad. 8. Dharmendra Kumar Singh s/o Ram Pukar singh vill+P.O. Kudwa P.S. Barun, Aurangabad. 9. Gita Devi w/o Sri Ayodhya Chand Das vill Meh, P.O. Soduri Ferma P.S. Barun, Aurangabad. 10. Vinay Kumar Singh s/o Ragho Prasad Singh, vill Narari Kurd P.O.Suduri Karma, P.S. Barun, Aurangabad. 11. Shipujan Ram son of Nandlal Ram Vill. Karma, P.O. Saduri Karma, P.S. Barun, Aurangabad. 12. Dudhanath Singh s/o Late Shivdhyan Singh vill Karma P.O. Sadari karma P.S. Barun, Aurangabad. 13. Dhirendra Kumar Singh s/o Sri Parmanand Singh vill Karma P.O. Saduri Form P.S. Barun, Dist. Aurangabad. 14. Maqnoj Kumar Singh s/o Sri Sidheshwar Singh vill Khersa P.O. Salvisi Karma P.O. Barun, Aurangabad. ----------- 4 13.9.2010 No one appears for the petitioners. The following prayer made in this writ application:- “(i)For issuance of an appropriate writ in the nature of certiorari for quashing the selection list dated 24.1.2003 and appointment letters dated 5.3.2003 issued under the signature of Respondent no.4 contained in Annexure- 3, 4 and 4 series, whereby and whereunder the respondent no.3 have selected and appointed the ineligible candidates by denying the claim of having the better eligibility of the petitioners for the post of Panchayat Public Teacher ( Panchayat Shiksha Mitra) as per Govt. Notification and advertisement fixing the qualification for these posts. (ii)For issuance of an appropriate writ in the nature of Mandamus commanding and directing 2 the respondent- authorities to select and appoint the petitioners on those posts with effect from the date the ineligible candidates to the eligible petitioners have been selected an appointed. (iii)For issuance of an appropriate writ in the nature of Mandamus commanding and directing the respondent authorities to pay Honorarium and other consequential benefits to the petitioners for which they shall be found entitled in view of their retrospective appointment on those very posts.” pertaining to appointment on the post of Siksha Mitra does not survive for adjudication, inasmuch as, such post of Siksha Mitra has been abolished w.e.f. 1.7.2006. The remaining grievance of the petitioners as with regard to illegality in the selection and appointment of private respondents no. 8 to 14 can be gone into by the District Teachers Appellate Authority, Aurangabad, inasmuch as, the District Superintendent of Education, Aurangabad in his counter affidavit has stated as follows:- “That it is stated that on the claim of the petitioners an enquiry was made by the Block Education Extension Officer, Barun. Enquiry Officer vide letter no.18 dated 15.4.03 had mentioned that selection of Panchayat Shiksha Mitra has not been done according to the provision of resolution in Gram Panchayat Meh (Barun. He also mentioned that the petitioner should be selected on the basis of gradation list. That it is stated that enquiry report had been sent to the District Magistrate, Aurangabad by the department vide letter no.236 dated 16.5.03 and requested for directing the Mukhiya to select and appoint the Panchayat Shiksha Mitra according to provision of resolution. That it is stated that the Honorarium of appointed Panchayaqt Shiksha Mitra dt. 5.3.03 of Gram Panchayat, Meh, has been stopped by the deponent on the basis of enquiry report.” The District Teacher Appellate Authority in case of 3 filing of a complaint by the petitioner would taken its independent decision as with regard to the alleged illegality in the selection and appointment of respondent nos. 8 to 14 whose payment of salary was also stopped on the ground of illegality in their appointment. At this stage counsel for the State would point out that subsequently appointments of the petitioners were made on the post of Siksha Mitra in the year 2005. Filing of this writ application in the year 2003 would not cure the illegality in the appointment of respondent nos. 8 to 14 and therefore the whole issue as with regard to selection and appointment of the private respondents has to be gone into afresh by the District Teachers Appellate Authority in terms of 2006 Rules. That being so, this application is disposed of with a liberty to the petitioner to move District Teachers Appellate Authority and a consequential direction to the Authority to reexamine the entire process of selection and appointment of respondent nos. 8 to 14 and if it would find any prima-facie illegality in their engagement on the post of Siksha Mitra, it would issue notice to all of them as also the concerned persons and would take its final decision after affording them are opportunity of hearing . This exercise, however, must be concluded within a period of six months from the date of filing of complaint by the petitioner before the Authority and the fact that the private respondent nos. 8 to 14 have been subsequently absorbed on the 4 post of Panchayat Shikshak will not weigh in their favour for curing the selection and engage4ment of private respondent nos. 8 to 14. With the aforementioned observations/directions this application is disposed of. Abhay Kumar ( Mihir Kumar Jha, J.)