IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5176 of 2007 HIROSHIMA KUMARI @ HIROSHIMA DEVI, W/o Niranjan Singh, D/o Prahalad Singh, resident of village Parhauti, P.S. Bhagwanpur, District Kaimur (Bhabhua) ... Petitioner Versus 1. THE STATE OF BIHAR through the Secretary Education, Human Resources Department, Govt. of Bihar, Patna 2. The Secretary Education, Human Resources Department, Govt. of Bihar, Patna 3. The District Magistrate, Kaimur 4. The District Education Officer, Kaimur 5. The Block Development Officer, Bhagwanpur, District Kaimur 6. The Block Education Development Officer, Bhagwanpur, Kaimur 7. Mukhiya Parhauti Gram Panchayat, village Parhauti, P.S. Bhagwanpur, P.O. Pahariya, District Kaimur 8. The Panchayat Secretary, Parhauti Gram Panchayat, village Parhauti, P.S. Bhagwanpur, P.O. Pahariya, District Kaimur 9. Shri Hiraman Singh, son of Shri Ramadhar Singh, resident of village Manikpur, P.O. Bhawanipur, District Kaimur ... Respondents ----------- 2. 27.10.2010 Having heard counsel for the petitioner and the counsel for the State as with regard to the following relief: “This is an application, praying for issuance of an appropriate writ/order, commanding the respondents to consider the case of the petitioner in the category of backward class to which she belongs for her appointment to the post of Panchayat Teacher in the panel of Gram Panchayat Parhauti which has been denied to the petitioner malafide treating her as a general 2 category candidate and in her place one Hiraman Singh (respondent no.9) has been arbitrarily appointed as Panchayat Teacher whose name was not even published in the counseling list and further for issuance of a writ in the nature of writ of mandamus, commanding the respondents to forthwith consider the case of the petitioner for her appointment to the post of Panchayat Teacher in Gram Panchayat Parhauti against backward class category vacancy, cancelling the appointment of aforementioned Hiraman Singh (respondent no.9)” this Court is of the considered opinion that now the petitioner cannot be appointed on the post of Shiksha Mitra, inasmuch as the post stands abolished with effect from 1.7.2006 but then his grievance with regard to alleged illegality in the selection and appointment of respondent no.9 can still be looked into, inasmuch as on the basis of such appointment on the post of Shiksha Mitra and his continuation as on 30.6.2006 he stands absorbed on the post of Panchayat Shikshak. Such appointment, therefore, even by way of absorption on the post of Panchayat Shikshak of respondent no.9 can be 3 made subject matter of a complaint to be filed by the petitioner before the concerned District Teachers appellate Authority. That being so, this application is permitted to be withdrawn with the aforementioned observations and if the petitioner files a complaint before the concerned District Teachers Appellate Authority the said authority shall decide the same strictly in accordance with law after giving opportunity of hearing to the petitioner as also to respondent no.9. (Mihir Kumar Jha,J.) Surendra/