IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4826 of 2007 Rajesh Kumar, S/o Shree Ravindra Kumar Renu, Resident of Village Itawan, P.S. Paraiya, District Gaya. ------- Petitioner Versus 1. The State of Bihar. 2. The Secretary, Human Resources Development Department, Bihar, Patna. 3. The Director, Primary Education, Bihar, Patna. 4. The commissioner, Magadh Division, Gaya. 5. The District Magistrate, Gaya. 6. The District Superintendent of Education, Gaya. 7. The Block Development Officer, Paraiya. 8. The Panchayat Sewak-cum-Secretary to Begahi Panchayat, Paraiya, Gaya. 9. The Former Mukhia, Sh. Sheo Nandan Yadav, Bagahi Panchayat, Paraiya, Gaya. ------- Respondents ----------- 2 26.10.2010 Having heard learned counsel for the petitioner and counsel for the State as with regard to the following relief:- “1(i) For issuance of a writ/order/ direction commanding upon the respondent for appointment of the petitioner as Shiksha Mitra in Bagahi Panchayat as per Shiksha Mitra appointment rules. (ii) For issuance of an appropriate writ/order/direction commanding the respondents to quash the merit list published for appointment of Shiksha Mitra in Bagahi Panchayat and consequently cancel the appointment of male Shiksha Mitra in Bagahi Panchayat which has been done in contravention of established principle of law.” while this Court is of the opinion that the 2 appointment of the petitioner on the post of Shiksha Mitra is no longer possible in view of the abolition of the post with effect from 1.7.2006, his grievance with regard to the anomaly in the selection and appointment of a person having lesser marks and weightage to the petitioner on the post of Shiksha Mitra can still be looked into by the District Teachers Appellate Authority. Therefore, if the petitioner would file his complaint as with regard to such selection and appointment, the same shall be considered and disposed of by the said authority strictly in accordance with law and only after giving opportunity of hearing to the petitioner as also the concerned person. With the aforementioned observations, this application is disposed of. Rsh (Mihir Kumar Jha, J.)