IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11609 of 2006 Kavita Kumari, Daughter of Baijnath Pandey, Resident of Village + Post Office – Chouri, Panchayat-Chouri, Via-Kaler, Police Station Daudnagar, District Aurangabad. ------ Petitioner Versus 1. The State of Bihar. 2. District-Collector, Aurangabad. 3. Deputy Development Commissioner, Aurangabad. 4. District Education Officer, Aurangabad. 5. District Superintendent of Education, Aurangabad. 6. Block Development Officer, Daudnagar, Aurangabad. 7. School Inspector, Daudnagar, Aurangabd. 8. Mukhiya, Panchayat-Chouri, Police Station Daudnagar, District Aurangabad. 9. Anju Kumari, Daughter of Tarkeshwar Pandey, Resident of Village + Post Office Chouri, Police Station Daudnagar, District Aurangabad. -------- Respondents ----------- 2 31.08.2010 Having heard learned counsel for the petitioner and counsel for the State as also taking into consideration the prayer made in paragraph no.1 of this writ application reading as follows:- ”1. That this writ application is for issuance of appropriate writ or writs, direction or directions for quashing the appointment of respondent no.-9 as Shiksha Mitra for Chouri Gram Panchayat and the petitioner may be appointed on that place.” this Court would hold that so far the relief of appointment on the petitioner on the post of Shiksha Mitra is concerned, that cannot be given to the petitioner on account of 2 abolition of the post with effect from 1.7.2006. The remaining issue as with regard to the illegality in the appointment of the respondent no. 9 may still be raised by the petitioner by filing a complaint before the District Teachers Appellate Authority, Aurangabad. If the said Authority, after giving notice and opportunity of hearing to the respondent no.9, would find her appointment to be illegal, it would cancel her appointment on the post of Shiksha Mitra- cum-Panchayak Shikshak and in that event, the post of Panchayat Shikshak occupied by the respondent no.9 shall be deemed to have been vacant for its being filled up in accordance with 2006 Rules. Let it be made clear that this Court has not expressed any opinion on such claim of the petitioner with regard to the illegality in the appointment of the respondent no.9, which must be gone into by the District Teachers Appellate Authority, Aurangabad strictly in accordance with law and in the light of the Government policy decision which was in vogue on the date on 3 which the respondent no.9 was appointed initially as Shiksha Mitra. With the aforementioned observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)