IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10924 of 2006 RAM BILASH YADAV, son of Sri Jamun Yadav, resident of village Dighia, P.O. Dighia, P.S. Kishanpur, District Supaul. Versus 1. THE STATE OF BIHAR through Chief Secretary Govt. of Bihar, Patna. 2. Collector, Supaul. 3. District Superintendent of Education, Supaul. 4. B.E.E.O. Kishunpur, Dist. Supaul. 5. Area Education Officer, Kishunpur, Dist. Supaul. 6. B.D.O. Kishunpur, Supaul. 7. Mukhiya, Gram Panchayat, dubiyahi, Circle Kishunpur, Dist. Supaul. 8. Gram Panchayat Secretary, Gram Panchayat Dubiyahi, Circle Kishunpur, Dist. Supaul. 9. Chairman, Sukh Subidha Samiti, Gram Panchayat Dubiyahi, Circle Kishunpur, Supaul. 10. Sukh Subidha Samiti through its Secretay, Gram Panchayat Dubiyahi, Circle Kishunpur, Dist. Supaul. 11. Principal, Middle School, Dubiyahi, District Supaul. 12. Chairman, Vidyalaya Shkchcha Samiti, Middle School Dubiyahi, Circle Kishunpur, Dist. Supaul. 13. Director, Bihar siksha Pariyojana Parishad, Patna. 14. Secretary, Primary and Secondary Education, Bihar, Patna. ----------- 2 24.8.2010 No one appears for the petitioner. Counsel for the State is present. In the opinion of this Court, the following prayer of the petitioner, “That this is an application for issuance of an appropriate writ, order or direction commanding the respondents to complete the enquiry with regard to complaint filed by the petitioner that even though he was having more marks then one Poonam Kumari still instead of appointment of the petitioner malafidely recommendation for appointment of Poonam Kumari was made on the post of Sikchcha Mitra for Middle School, Dubiyahi and the petitioner was discriminated and further when the same was pointed out that Poonam Kumari was wrongly recommended and she was not attending classes and had number of complaints by public as well as the Vidyalaya Shikchcha Samiti her appointment was cancelled and recommendation for appointment of the petitioner on the post of Shikchcha Mitra in Middle School, Dubiyahi Under Gram Panchayat Dubiyahi under Circle and Block Kishunpur Dist. Supaul and the 2 petitioner continuously attempted to submit joining but his joining was not accepted by the present principal of Middle school Dibiyahi malafidely as Poonam Kumari happens to be his own daughter- in- law or for a further direction to the respondents to accept the enquiry report of the B.D.O. Kishunpur itself already submitted before D.A.C. and allow joining of the petitioner as Shikchcha Mitra in Middle school Dubiyahi or for a direction to the respondents to appoint the petitioner on the post of Shikchcha Mitra under the circumstance of the case who has been deprived from joining wrongly and for a further direction to the respondents not to make appointment on the post of Shikchcha Mitra or Prakhand Shikchchak in Middle School Dubiyahi and/or to cancel the appointment on the said post if made under the new rules during the pendency of this case as it was a seat on which petitioner was rightfully entitled to be appointed and his services extended under the new rules.” having two parts, namely, his appointment on the post of Siksha Mitra and removal of one Poonam Kumar ; not made a party to this writ application, from the post of Siksha Mitra, are two separate relief. Sofar relief of the petitioner being appointed on the post of Siksha Mitra is concerned, the same cannot be now entertained in view of abolition of the post of Siksha Mitra w.e.f. 1.7.2006, specially when the writ application was filed on 5.9.2006. The next grievance of the petitioner as with regard to illegality in the appointment of Poonam Kumari cannot now be looked into, inasmuch as, she has not been made party to this writ application and therefore in her absence any observation made as with regard to the alleged illegality in her appointment would be violative of the principles of natural justice. 3 That being so, this application being wholly misconceived is hereby dismissed. Abhay Kumar ( Mihir Kumar Jha, J.)