IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1095 of 2011 In Civil Writ Jurisdiction Case No. 9720 of 2010 ====================================================== Mala Kumari wife of Sri Vijay Kumar Choudhary, Resident of Village- Koshihan, P.S.-Chandi, District-Bhojpur. .... .... Petitioner/Appellant Versus 1. The State of Bihar through the Secretary, Human Resources Development Department, Government of Bihar, Patna. 2. The District Magistrate, Bhojpur. 3. The Deputy Development Commissioner, Bhojpur. 4. The Block Development Officer, Koilwar, Bhojpur. 5. The Mukhiya, Gram Panchayat, Gopalpur, Koilwar, Bhojpur. 6. The Panchayat Secretary, Gram Panchayat Gopalpur, P.S.-Koilwar, District-Bhojpur. 7. Smt. Reeta Kumari wife of Rajnish Kumar Choudhary, Resident of Village-Koshihan, Gopalpur Panchayat, P.S.-Koilwar, District-Bhojpur. .... .... Respondents/Respondents ====================================================== Appearance : For the Appellant : Mr. S. N. Rai, Senior Advocate with Mr. Shashi Bhushan Singh, Advocate For the Respondent State: Mr. Neeraj Nandan, GP-20 For the Respondent No.7: Mr. Anand Kr. Ojha, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2. 01.08.2011 Feeling aggrieved by the order dated 13th May 2011 made by the learned single Judge in above C.W.J.C. No. 9720 of Patna High Court LPA No.1095 of 2011 (2) dt.01-08-2011 2 / 2 2 2010 the writ petitioner has preferred the present Appeal under Clause 10 of the Letters Patent. The matter at dispute is the selection and appointment of Panchayat Shiksha Mitra in village Koshihan, P.S. Chandi, District-Bhojpur. It is the grievance of the appellant that she and the respondent no.7 had the same educational qualification and had secured same weightage, the appellant being older, she should have been selected and appointed as Shiksha Mitra. Her objection has been rejected by the Block Development Officer, Koilwar, Bhojpur under his order dated 30th September 2009. It is the categorical finding of the Block Development Officer that both the appellant and the aforesaid Reeta Kumari had same educational qualification and had secured same weightage, but the aforesaid Reeta Kumari had secured higher marks at Intermediate examination as well as B.A. examination. In our opinion, the selection of the aforesaid Reeta Kumari was in consonance with the then prevalent guidelines dated 11th August 2004 particularly paragraph 7 thereof. The note below the said paragraph 7 provided that the weightage being equal, person with higher qualification will be placed higher in the merit list. In view of the specific instruction issued by the State Government the appellant did not have a legitimate grievance against the selection and appointment of the aforesaid Reeta Kumari. The grievance made by the appellant is totally misconceived. The Appeal is dismissed in limine. Pawan Kumar/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)