IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2364 of 2010 1. PRAVIN KUMAR S/O LATE SUNDAR CHAUDHARY R/O VILL.- DIGHOUN, P.S.- BELDAUR, DISTT.- PATNA-- Petitionr Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY PRIMARY AND SECONDARY EDUCATION, BIHAR, PATNA 2. THE DIRECTOR, PRIMARY EDUCATION BIHAR, PATNA 3. THE DISTRICT MAGISTRATE KHAGARIYA 4. THE DISTRICT SUPERINTENDENT OF EDUCATION KHAGARIYA 5. THE DISTRICT TEACHER EMPLOYMENT APPELLATE AUTHORITY KHAGARIYA 6. MD. RUDAL, THE THEN MUKHIYA DIGHAUN PANCHAYAT, P.S.- BELDAUR, DISTT.- KHAGARIYA 7. MD. LALLO, THE MUKHIYA DIGHAUN PANCHAYAT, P.S.- BELDAUR, DISTT.- KHAGARIYA 8. THE PANCHAYAT SECRETARY DIGHAUN PANCHAYAT, P.S.- BELDAUR, DISTT.- KHAGARIYA 9. MD. ANZAR ALAM R/O VILL.- TARAUNA, POST- DIGHAUN, P.S.- BELDAUR, DISTT.- KHAGARIYA---------- ------------------------------------Respondents ----------- 2 3.12.2010 Heard learned counsel for the parties. Annexure-1 is the order passed by the appellate authority, Khagaria by virtue of which the claim of the petitioner for appointment as Shiksha Mitra has been rejected. Petitioner wants quashing of this order primarily on the ground that the petitioner was initially appointed on the post of Shiksha Mitra in the year 2006 and without any rhyme or reason he was removed on the very next day and one Md. Anzar Alam was appointed who did not have a right for appointment. He further contends that without following the procedure or enquiry and in absence of any notice etc. the removal must be interfered with. The Court has gone through the decision rendered by the member of appellate tribunal. It has categorically recorded that due to mistake or misinformation by District Superintendent of Education the selection of the petitioner was made against the - 2 - backward quota whereas as per the roster clearance the vacancy was for extremely backward and within twenty four hours this information was given and necessary rectification done. Md. Anzar Alam who belonged to extremely backward category was appointed and the petitioner could not be accommodated because the category under which he is claiming appointment was not available. Further the tribunal has also indicated that now the time for appointment or selection of Shiksha Mitra is long over and the Shiksha Mitra cannot be appointed as Panchayat teacher. There is no occasion to appoint the petitioner on the post of Shiksha Mitra and no relief as such can be given to the petitioner but if any illegality is pointed out then the concerned teacher can be removed by the authority. In the circumstances the reasons indicated in the order, the Court comes to a considered opinion that the reasoning and rational given by the tribunal seems to be rational and cogent and no infirmity as such has been committed by the respondents in removing the petitioner at the very threshold and appointing a person against the post which was reserved for extremely backward caste and not for backward caste only. This writ application is dismissed as no interference is warranted in the impugned order in question. RPS (Ajay Kumar Tripathi,J.)