IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11697 of 2003 1. SMT.ASHA DEVI W/O Shri Shyam Sundar Jha. 2. Smt. Anita Devi W/O Shri Shashi Kant Jha, Both are the residents of Village Chauri, Panchayat Balia, Block Rahika, P.O. Birsayar, P.S. Sakari, District Madhubani. Versus 1. THE STATE OF BIHAR through the Secretary, Department of Primary and Adult Education, Government of Bihar, Patna. 2. The Director, Primary and Adult Education, Government of Bihar, Patna. 3. The Director, Bihar Education Project, Government of Bihar, Patna. 4. The District Magistrate Cum District Officer, Madhubani. 5. The District Superintendent of Education Cum District Project Coordinator, Sarv Shiksha Abhiyan, Madhubani. 6. The Block Development Officer, Rahika, District Madhubani. 7. The Block Education Officer, Rahika, District Madhubani. 8. The Panchayat Sevak Cum Secretary, Panchayat Sukh Suvidha Committee, Panchayat Balia, Block Rahika, District Madhubani. 9. The Mukhia Cum Chairman, Panchayat Sukh Suvidha Committee, Panchayat Balia, Block Rahika, District Madhubani. 10. Dinesh Paswan S/O Sri Gariban Paswan Vill- Chauri, P.S. Sakari, Distt. Madhubani. 11. Anand Kumar S/O Sri Jai Krishna Yadav Vill Belam, Shivduttapur, P.S. Sakari, Distt. Madhubani. ----------- 4 24.09.2010 Having heard counsel for the parties as with regard to the following relief:- “I.For issuance of a writ in the nature of certiorari for quashing the appointment order for appointment of Shiksha Mitra in various primary Schools of the abovesaid Panchayat, issued by the Secretary and Chairman of the Panchayat Sukh- Suvidha Committee, Panchayat Balia, Block Rahika (Madhubani), whereby and whereunder they have illegally and irregularly appointed the incompetent and ineligible candidates. II.For issuance of a writ in the nature of mandamus commanding and directing the Respondents to appoint the petitioners on the post of Siksha Mitra in the Primary Schools of Chauri, Harizan Tola or in any other Schools in the abovesaid Panchayat as their names find place at the top in the merit list prepared by the Respondents and they are also residing nearest to that School. III.For issuance of a writ of mandamus directing the Respondents to appoint the petitioner for complete Session of 11 (eleven) months as per the rules and regulations with salary from the date of 2 appointment onwards and for all the three consecutive Sessions as per the scheme or to appoint the petitioners for the remaining period of the Session but to pay the salary for the whole Session of 11 (eleven) months. IV.For issuance of a writ in the nature of mandamus directing the respondents to recover the money paid to the incompetent and ineligible Siksha Mitra as salary either from them or from the erring authorities. V.For giving direction to the Respondents to compensate the petitioners for mental and physical harassment and monetary loss incurred by them.” this Court would find that no direction can now be issued for appointment of the petitioners on the post of Shiksha Mitra which no longer are in existence in view of the fact that the posts of Shiksha Mitra have already been abolished w.e.f. 1.7.2006. So far grievance of the petitioners as against selection and appointment of Respondent nos. 10 and 11 is concerned, the petitioners will have liberty to move the District Teachers Appellate Authority, who will examine the matter and decide the same in accordance with law. This application is accordingly disposed of. Abhay Kumar ( Mihir Kumar Jha, J.)