IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13180 of 2009 SUNITA KUMARI . Versus THE STATE OF BIHAR & ORS . ----------- 2 6.1.2010 Heard Counsel for the petitioner and the counsel appearing for the State. Petitioner’s prayer is for a direction to the respondent to appoint her on the post of Panchayat Shikshak/Panchayat Teacher against a post which fell vacant on account of cancellation of appointment of one Madhuri Kumari in Bhanpura Panchayat. The Madhuri Kumari was appointed on the post of Panchayat Shiksha Mitra in the year 2003 and she was reappointed on expiry of eleven months time on next two occasions in the years 2004 and 2005. Petitioner’s grievance is that ignoring her entitlement for appointment on the post of Panchayat Shiksha Mitra illegally Madhuri Kumari was appointed on this plea that petitioner had not produced her residential certificate. This plea taken by the Appointing Authority was against the material on record as the petitioner had produced her residential certificate before the Appointing Authority 2 and she had higher marks than Madhuri Kumari, as such she was eligible for appointment. The appointment order in the year 2003 was challenged by the petitioner before the different authority and finally she filed Appeal No. 36 of 2009-2010 before the District Teachers Employment Appellate Tribunal, Lakhisarai. The Tribunal by order dated 12.9.2009 has cancelled initial appointment of Madhuri Kumari on the post of Panchayat Shiksha Mitra and also her absorption on the post of Panchayat Teacher under Rule 20(ii) of 2006 Rules,on account of her continuation as Panchayat Shiksha Mitra on 1.7.2006. The Appellate Tribunal in it’s order has specifically mentioned that there cannot be any direction for appointment of petitioner on the vacant post in the light of Government Circular as well as Rule 20 (ii) of 2006 Rules. I find no error apparent in the order impugned as under the guidelines for Panchayat Siksha Mitra there was a specific provision that in case for any reason 3 appointment of Panchayat Shiksha Mitra is cancelled, appointment will be made against that post from the existing panel, rather fresh procedure will be started for appointment on the post. The Appellate Tribunal has rightly observed that no direction can be issued for appointment of petitioner against the post which fell vacant on account of cancellation of appointment of Madhuri Kumari. As such this application is dismissed. (Mridula Mishra,J.) A.kumar