IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4788 of 2007 1. Usha Kumari, D/o Umesh Chandra Rai, Resident of Village Bhaluana, P.S. Charpokhari, District Bhojpur. 2. Akhilesh Kumar Rai, S/o Baijnath Rai, Resident of Village Bhaluana, P.S. Charpokhari, District Bhojpur. ------ Petitioners Versus 1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The Secretary, Primary and Adult Education Department, Government of Bihar, Patna. 3. The Director, Primary Education, Bihar, Patna. 4. D.P.R.O., Bhojpur, Arrah. 5. The Collector, Bhojpur, Arrah. 6. The S.D.O., Piro, District Arrah. 7. The B.D.O., Charpokhari Block-Charpokhari, District Bhojpur. 8. The D.S.E., Bhojpur, Arrah. 9. B.E.E.O., Charpokhari Block, Dist. Bhojpur. 10. Babubandh Gram Panchayat through the Secretary Block- Charpokhari, District Bhojpur. 11. Panchayat Secretary, Babubadh Gram Panchayat, Charpokhari, District Bhojpur. 12. Mukhiya, Babubadh Panchayat, Charpokhari, District Bhojpur. 13. The Chairman, Sukh Suwidha Samiti, Babubandh Panchayat, Charpokhari, District Bhojpur. 14. Sukh Suwidha Samiti, Babubandh Panchayat, Charpokhari, District Bhojpur. 15. Principal, Govt. Middle School, Bhaluana, Block Charpokhari, District Bhojpur. 16. Bihar Intermediate Education Council through its Secretary, Patna. 17. Magadh University, Bodh-Gaya, through its Registrar, District Gaya. 18. Veer Kunwar Singh University, Ara through its Registrar. 19. Rajesh Singh, S/o not known, Ex-Mukhiya of Babubandh Panchayat, Charpokhari. 20. Satya Narayan Tiwari, s/o not known, the then Panchayat Secretary of Babubandh Gram Panchayat, New Secretary of Sonebarsha Panchayat, Block Charpokhari, District Bhojpur. 21. Champa Kumari, D/o not known, Village Preetampur, P.S. Charpokhari, Panchayat Babubandh, District Bhojpur, presently Shiksha Mitra Prathmik School, Preetampur Gram Panchayat Babubandh, Charpokhari, District Bhojpur. 22. Principal, Prathmik School, Preetampur, Block Charpokhari, District Bhojpur. 23. Suman, D/o not known, Village Preetampur, P.S. Charpokhari, Gram Panchayat Babubandh, Charpokhari, presently Shiksha Mitra Prathmik School, Preetampur, Charpokhari. 2 24. Akhilesh Kumar Rai, S/o Hridyanand Rai, village Bhaluana, P.S. Charpokhari, Gram Panchayat Babubandh, Charpokhari; presently Shiksha Mitra, Govt. Middle School, Bhaluana, Charpokhari. 25. Sriram Singh, S/o not known, Village Bajain, P.S. Charpokhari, Gram panchayat Babubandh, Charpokhari; presently Shiksha Mitra in Middle School, Bhaluana, Charpokhari, District Bhojpur. -------- Respondents ----------- 2 26.10.2010 Having heard learned counsel for the petitioner and counsel for the State as with regard to the following relief:- “1. That this is an application for issuance of an appropriate writ, order or direction to the Respondents to conduct an enquiry regarding the genuinity of the Certificates and Marksheets of Champa Kumari, Suman, Akhilesh Kumar Rai and Sriram Singh i.e. Respondents No.21, 23, 24 and 25 which they had submitted before the Sukh Suwidha Samiti of Babubandh Panchayat for their appointment on the post of Shiksha Mitras in 2005 and on the basis of which they are still working and drawing salary as they are false and for a further direction to the Respondents to take legal action against all those who appointed the above candidates on the post of Shiksha Mitra and allowed them to continue and draw salary without properly verifying their certificates and for a further direction to the Respondents to appoint the petitioners on the 3 post of Shiksha Mitras against the vacancies created after removal of the above candidates as it was these petitioners who deserved to be appointed on the said posts but were deprived malafidely and in their places the above candidates were appointed illegally and for a further direction to the Respondents to treat the appointment/employment of the petitioners extended under the new rules of Shiksha Mitras as had they have been appointed rightly they would as under the new Scheme would have continued and to pay salary to the petitioners or for any other order or orders which this Hon’ble Court may deem fit and proper under the circumstances of the case including restraining the Respondents from paying salary to the Respondents No.21, 23, 24 and 25 during the pendency of this case.” while this Court must hold that the petitioner cannot be appointed on the post of Shiksha Mitra in view of the abolition of the post with effect from 1.7.2006, the rest of the grievance of the petitioner, as with regard to illegality in the selection and appointment of the respondent nos. 19, 21, 23, 24 & 25, can still be looked into by the 4 concerned District Teachers Appellate Authority, which will decide the matter on complaint filed by the petitioner after affording opportunity of hearing to the petitioner as also the concerned respondent nos. 19, 21, 23, 24 & 25. With the aforementioned observations, this application is disposed of. Rsh (Mihir Kumar Jha, J.)