IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2445 of 2007 SUMIT KUMAR, Son of Shashi Kant Pandey, resident of village- Sanbarsa, P.S. Harsidhi, District-East Champaran(Motihari) ……..Petitioner Versus 1. THE STATE OF BIHAR 2. The Secretary, Primary and Adult Education Department, Govt. of Bihar, Patna 3. The District Magistrate, East Champaran (Motihari) 4. The District Superintendent of Education (D.S.E.) East Champaran,Motihari 5. The Block Development Officer, (B.D.O.), Harsidhi Block &P.S. Harsidhi, District-Motihari 6. The Panchayat Secretary (Panchayat Sachiva) Gram Panchayat Raj Sonbarsa, P.S. Harsidhi, District-Motihari 7. Yogendra Prasad Kushwaha, the Existing Mukhia of Grampanchayat Raj, Sonbarsa, P.S.Harsidhi, District-East Champaran (Motihari) ----------- 02 28.09.2010 Heard learned counsel for the parties as with regard to the following relief: “That through this writ application the petitioner seeks indulgence of this Hon’ble Court for issuance of appropriate writ/writs, order/orders, direction/directions commanding the respondent to appoint the petitioner on the post of “Shiksha Mitra” under Grampanchayat Raj Sonbarsa, Block-Harsidhi, P.S. Harsidhi within the District of East Champaran (Motihari) on the ground that the petitioner is having more marks (percentage of marks) in the intermediate class in comparison of other candidates who have been selected in the merit list of Shiksha Mitra, which has been prepared by the respondents and it is crystal clear from Annexure-2 as annexed to this petition and further prays for another relief/reliefs according to the facts of the case.” and noticing that the direction sought for in this writ application for appointment of the petitioner on Siksha Mitra cannot be given inasmuch as the post of Siksha Mitra stands abolished from 1.7.2006, the remaining grievance of the petitioner 2 as with regard to the selection of the candidates on the post of Siksha Mitra despite having lesser marks or being placed below in the merit list can be raised by the petitioner only by filing a complaint before the District Teachers’ Appellate Authority in terms of the government decision contained in Letter of Principal Secretary of Human Resources Development Department dated 14.5.2009. That being so, this writ application is disposed of with liberty to the petitioner to District Teachers’ Appellate Authority, which if approached by the petitioner by filing a complaint before the authority, would dispose of the same without going into the question of delay but only after giving opportunity of hearing to any person who may be affected on account of the complaint made by the petitioner. With the aforementioned direction and observation this writ application is disposed of. Amit ( Mihir Kumar Jha, J.)