IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12363 of 2006 MADHURI KUMARI, W/O SRI KRISHNA MURARI, R/O VILLAGE JAMANGANJ, P.S. MAKHDUMPUR, DISTRICT JEHANABAD. ...........PETITIONER. Versus 1.THE STATE OF BIHAR. 2. THE SECRETARY, PRIMARY AND ADULT EDUCATION DEPARTMENT, GOVT. OF BIHAR, PATNA. 3.THE DISTRICT MAGISTRATE, JEHANABAD. 4.THE DEPUTY DEVELOPMENT OFFICER, JEHANABAD. 5.THE DISTRICT PANCHAYAT RAJ OFFICER, JEHANABAD. 6.THE BLOCK DEVELOPMENT OFFICER, MAKHDUMPUR,DISTRICT JEHANABAD. 7.THE SECRETARY, JAMANGANJ GRAM PANCHAYAT, JAMANGANJ, DISTRICT JEHANABAD. 8.THE MUKHIYA, JAMANGANJ GRAM PANCHAYAT,JAMANGANJ, DISTRICT JEHANABAD. 9.SMT. SAKUNTALA DEVI, WIFE OF CHANDRADEO SINGH THE THEN MUKHIYA, JAMANGANJ GRAM PANCHAYAT, DISTRICT JEHANABAD, R/O VILLAGE JAMANGANJ, P.S. MAKHDUMPUR, DISTRICT JEHANABAD. 10.PUSHPA KUMARI, W/O LATE BABLOO KUMAR, R/O VILLAGE JAMANGANJ, P.S JAMANGANJ, P.S. MAKHDUMPUR, DISTRICT JEHANABAD. 11.SANTOSH CHAUDHARY, S/O SRI NARESH CHAOUDHARY, R/O VILLAGE BISHUNGANJ, P.S. MAKHDUMPUR, DISTRICT JEHANABAD. 12.DHANANJAY SWARANKAR, S/O SRI RAMAWATAR SWARANKAR, R/O BISHUNGANJ, JAMANGANJ, P.S. MAKHDUMPUR, DISTRICT JEHANABAD. 13.REKHA KUMARI SINHA, W/O SHAMBHU PANDIT, R/O VILLAGE & P.O: BISHUNGANJ, P.S. MAKHDUMPUR, DISTRICT JEHANABAD. 14.DEEPA BIHARI, W/O RAKESH RANJAN VIDYARTHI, R/O VILLAGE DAULATPUR, P.S. MAKHDUMPUR, DISTRICT JEHANABAD. 15.NARESH SHARMA, S/O MATHURA MISTRI, R/O VILLAGE DAULATPUR, P.S. MAKHDUMPUR, DISTRICT JEHANABAD. 16.UMESH DAS, S/O SRI HARAN DAS, R/O VILLAGE BISHUNGANJ, P.S. MAKHDUMPUR, DISTRICT JEHANABAD. .............RESPONDENTS. ----------- 2 02/ 30.06.2011 Heard counsel for the petitioner and counsel for the State. The grievance of the petitioner in this writ application is two fold. Initially, he has sought a declaration that the selection of respondent no. 10 to 16 on the post of Shiksha Mitra is arbitrary and malafide on the ground that they had secured lesser marks in comparison to the petitioner. The petitioner in fact then has also prayed for a direction to consider his case for selection and appointment on the post of Shiksha Mitra in Jamanganj Gram Panchayat Block in the district of Jehanabad. It is not in doubt the post of Shiksha Mitra stands abolished from 01.07.2006 and this writ application was filed on 12.10.2006, at a point of time, when no one, including respondent no. 10 to respondent no. 16 had remained continuing on the post of Shiksha Mitra, inasmuch as, each and every Shiksha Mitra continuing in service on 30.06.2006 were absorbed on the posts of Panchayat Shikshak w.e.f. 1.7.2006. In that view of the matter, this 3 writ application so far it seeks direction for appointment of the petitioner on Shiksha Mitra has to be held to be misconceived and in fact infructuous on account of abolition of the post of Shiksha Mitra. Nonetheless the petitioner's other grievance as with regard to any illegality in selection and appointment of respondent no. 10 to respondent no. 16 on the post of Shiksha Mitra and therein the eventual absorption on the post of Panchayat Shikshak, in view of 2006-Rules, can still be agitated by the petitioner by filing a complaint before the District Teachers Appellate Authority which has now been also vested the power under Circular of the State Government dated 14.5.2009 to also look into the matter relating to the selection and appointment on the post of Shiksha Mitra. With the aforesaid observation and liberty this application is, accordingly, disposed of. Ranjan (Mihir Kumar Jha, J)