IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5750 of 2007 ABHIMANYU PASWAN, SON OF RAM BACHYAN PASWAN, RESIDENT OF VILLAGE CHANHAT, POLICE STATION-HASPURA, DISTRICT- AURANGABAD. ……….PETITIONER. VERSUS 1. THE STATE OF BIHAR, THROUGH THE DISTRICT MAGISTRATE, AURANGABAD. 2. THE DISTRICT MAGISTRATE, AURANGABAD. 3. MUKHIYA, GRAM PANCHAYAT, KOILMA, DISTRICT-AURANGABAD. 4. PANCHAYAT SACHIV, GRAM PANCHAYAT, KOILMA, DISTRICT-AURANGABAD. 5. MAHENDRA RAM EX-MUKHIYA, GRAM PANCHAYAT, KOILMA, DISTRICT- AURANGABAD. 6. KUNDAL CHOUDHARY, SON OF RAM KESHWAR CHOUDHARY, RESIDENT OF VILLAGE-CHANHAT, POLICE STATION- HASPURA, DISTRICT-AURANGABAD. …….RESPONDENTS. ----------- For the petitioner : Mr. Parth Sarthi, Advocate. For the State : Mr. A. Amanullah, G.A.-9 Mr. Anuj Kumar, AC to G.A.- 9 ………. 2 02.11.2010 Heard learned counsel for the and learned counsel for the State. The prayer of the petitioner in this writ petition is in two part, namely, for setting aside the appointment of respondent no.6 on the post of Shiksha Mitra and also for a direction to the respondent to appoint the petitioner on the vacancy created on account of respondent no.6. 2 This Court is of the considered opinion that while it may be open to the petitioner to avail the appointment of respondent no.6 inasmuch as in terms of Rule 18 of Bihar Prarambhik Shikshak (Niyojan and Seba Sarth), Niyamawali, Niyojan 2006 any appointment of the person of Panchayat Shiksha Mitra who has been selected and absorbed on the post of Panchayat Shikshak in accordance with Rule 20(3) of the Act can still be gone into by the District Teacher Appellate Authority, the resultant vacancy that may be created on account of removal of respondent no.6 being that on the post of Panchyat Shikshak the same cannot be filled up on the basis of selection process undergone for the post of Panchayat Shiksha Mitra inasmuch as the post of Panchayat Shiksha Mitra has been in fact abolished with effect from 01.07.2006. That being the position in law, this court would reject the claim of the petitioner for being appointed on the post of Panchayat Shikshak. He may however question this appointment of respondent no.6 by filing a complaint before concerned Teacher District Teacher Appellate Authority. 3 In the event the petitioner would file such a complaint before the concerned District Teacher Appellate Authority questioning the initial appointment of respondent no.6 on the post of Panchayat Shiksha Mitra and his consequential absorption the post of Panchayat Shikshak, the same shall be decided into on merits strictly in accordance with law and in the light of the government instructions which were in force on the date of appointment of respondent no.6 but only after giving opportunity of hearing to the petitioner and respondent no. 6 of this case. With the aforementioned observations this writ petition is disposed of. Bhardwaj /PN (Mihir Kumar Jha, J.)