IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12865 of 2006 VANDANA YADAV, W/o Rajan Kumar, resident of village Maheshpur, P.O. Samda, P.S. Saur Bazar, District Saharsa … Petitioner Versus 1. THE STATE OF BIHAR through Secretary, Department of Rural Development, Bihar, Patna 2. The District Magistrate, Saharsa 3. The District Superintendent of Education, Saharsa 4. The Block Development Officer, Block Saur Bazar, District Saharsa 5. The Chairman, Gram Shiksha Samiti, Gram Panchayat Chandaur Paschimi, Block Saur Bazar, District Saharsa 6. Mukhiya, Gram Panchayat Chandaur Parchimi, Block Saur Bazar, District Saharsa 7. Panchayat Secretary, Gram Panchayat Chandaur Paschimi, Block Saur Bazar, District Saharsa 8. Kumari Sunita, D/o Yog Narayan Prakash, resident of village Samda, P.O. Samda, P.s. Saur Bazar, District Saharsa 9. Kumari Kiran, D/o Arun Kumar Yadav, resident of village Belha, P.O. Samda, P.S. Saur Bazar, District Saharsa 10. Nigam Kumari, D/o Niro Prasad Yadav, resident of village Maheshpur, P.O. Samda, P.S. Saur bazaar, District Saharsa … Respondents ----------- 2. 31.8.2010 Having heard Mr. Prafull Chandra Jha, counsel for the petitioner and the counsel for the State, while this Court in respect of the following prayer made in this writ application: “i. That a writ in the nature of certiorari be issued for quashing the appointment of respondents no. 8, 9 and 10 appointed by respondent no.5 on the post of Shiksha Mitra. ii. That a writ in the nature of mandamus be issued directing the 2 respondents to appoint the petitioner on the post of Shiksha Mitra. iii. That it is further prayed that the Hon’ble Court be pleased to adjudicate and hold that the petitioner is bonafide claimant for appointment to the post of Shiksha Mitra.” will have no other option but to hold that now no direction can be given for appointment of the petitioner on the post of Shiksha Mitra in view of abolition of the post of Shiksha Mitra with effect from 1.7.2006, her remaining grievance as with regard to illegality in selection of respondents no. 8, 9 and 10 has to be looked into initially by the Collector of Saharsa District who after giving notice and/or opportunity of hearing to them would decide as to whether their appointment was made in accordance with the Government circular/ policy in vogue at the time of their appointment. In the event it is found that the selection and appointment of respondents no. 8, 9 and 10 on the post of Shiksha Mitra for any reason was unjustified and consequently 3 their absorption on the post of Panchayat Shikshak was impermissible, he would cancel such appointment, whereafter the post of Panchayat Shikshak becoming vacant on account of removal of all three of them or any one of them would be filled up strictly in accordance with 2006 Rules meant for filling up the post of Panchayat Shikshak. It is, however, made clear that this Court has expressed no final opinion on the claim of the petitioner in the alleged illegality and appointment of respondents no. 8, 9 and 10 on the post of Shiksha Mitra and this aspect has to be decided by the Collector of the District strictly in accordance with law. That being so, this application is disposed of with the aforementioned observation and direction. (Mihir Kumar Jha,J.) Surendra/