IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1578 of 2011 In Civil Writ Jurisdiction Case No. 1207 of 2009 ====================================================== Sushma Kumari, Wife of Shri Mahesh Chaudhary, Resident of Village - Jagahirpur Salkhani, Police Station - Mahua, District -Vaishali. .... .... Petitioner - Appellant Versus 1. The State of Bihar through the Secretary, Department of Human Resources Development, Bihar, New Secretariat, Patna. 2. The Director, Primary Education, Government of Bihar, New Secretariat, Patna. 3. The District Superintendent of Education, Vaishali at Hajipur, District - Vaishali. 4. The District Magistrate, Vaishali at Hajipur, District - Vaishali. 5. The Block Development Officer, Anand, Post Office - Mahua, District - Vaishali. 6. The Block Education Extension Officer, Mahua, District -Vaishali. 7. The Mukhiya, Panchayat Raj Jahangirpur Salkhani Panchayat, Post Office - Mahua, District-Vaishali. .... .... Respondents / Respondents. ====================================================== Appearance : For the Appellant/s : Mr. Rakesh Kumar Tiwary, Advocate. For the Respondent/s : Mr. Kumar Ravnish, AC to GA 10. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 3 19-12-2011 Feeling aggrieved by the common judgment and order dated 24th June 2011 passed by the learned single Judge insofar as CWJC No. 1207 of 2009 is dismissed, the writ petitioner has preferred this Appeal under Clause 10 of the Letters Patent. Patna High Court LPA No.1578 of 2011 (3) dt.19-12-2011 2 / 3 2 Pursuant to the 2003 selection process, the appellant was appointed as Panchayat Shiksha Mitra for eleven months on a consolidated pay in Village – Jahagirpur Salkhani, District – Vaishali under the then prevalent scheme of appointment of Panchayat Shiksha Mitra. On expiry of the contractual period of eleven months, she was reappointed for further period of eleven months. Before the completion of her term of appointment, she was arrested in the month of February 2005 for an offence punishable under Section 302 of the Indian Penal Code. On account of incarceration, on expiry of 2nd term of eleven months she was not re-engaged or her appointment as Panchayat Shiksha Mitra was not renewed. After her release on bail in the month of April, 2006, she made representation for renewal of her appointment. She, having failed in her request, filed CWJC No. 129 of 2007. By order dated 18th May 2007, she was relegated to file representation to the District Magistrate. The District Magistrate, after considering the representation of the appellant, rejected the same on 27th June 2008. Aggrieved by the rejection of her representation, the appellant filed above CWJC No. 1207 of 2009. Learned single Judge has upheld the action of the respondents in not renewing the employment of the appellant as Panchayat Shiksha Mitra for the third term. The learned single Judge has also observed that the post of Panchayat Shiksha Mitra does not exist. Learned Advocate Mr. Rakesh Kumar Tiwary has appeared for the appellant. He has submitted that though the appellant was in jail, she had made application through the jail; her application ought to have been considered and she ought to have Patna High Court LPA No.1578 of 2011 (3) dt.19-12-2011 3 / 3 3 been appointed as Panchayat Shiksha Mitra. We see no substance in this Appeal. The appellant could not have been appointed as Panchayat Shiksha Mitra as she was in judicial custody. Moreover, under the Bihar Panchayat Elementary Teacher (Employment and Service Conditions) Rules, 2006, the post of Panchayat Shiksha Mitra stands abolished with effect from 1st July 2006. The learned single Judge has rightly held that the posts having been abolished, the appellant cannot be appointed as Panchayat Shiksha Mitra. No case for interference is made out. Appeal is dismissed in limine. Dilip. (R.M. Doshit, CJ) (Birendra Prasad Verma, J)