IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11056 of 2006 DILIP KUMAR CHAUBEY, son of Nageshwar Chaubey, resident of village Madhopur (Bara), P.O. & P.S. Taraiya, District Saran. Versus 1. THE STATE OF BIHAR 2. The Collector, Saran. 3. The District Superintendent of Education, Saran, Chapra. 4. Block Development Officer, Taraiya, P.O. & P.S. Taraiya, District Saran. 5. Gram Panchayat, Taraiya through the Mukhiya, Gram Panchayat Taraiya, P.O. & P.S. Taraiya, District Saran. 6. Sudish Kumar Yadav, son of Kapildeo Yadav, resident of village Madhopur, P.O. and P.S. Taraiya, District Saran. ----------- 2 24.8.2010 Heard counsel for the petitioner and counsel for the State. Considering the fact that prayer of the petitioner in this writ application reading as follows, “(i)Quashing the appointment of respondent no.6 as Shiksha Mitra of Madhopur Panchayat. (ii)Commanding the respondents 1 to 5 to appoint the petitioner as Shiksha Mitra of the aforesaid Panchayat.” so far it relates to appointment of the petitioner on the post of Siksha Mitra must be held to have become infructuous on account of abolition of the post of Siksha Mitra w.e.f. 1.7.2006 specially when the writ petition was filed on 7.9.2006. As with regard to grievance of the petitioner relating to appointment of respondent no.6 on the post of Siksha Mitra of Madhopur Panchayat, all that this Court can hold is that if there was any illegality in the appointment of respondent no.6 as alleged by the petitioner in his representation to the District Superintendent of Education, the same will be enquired into by the 2 Collector of the district and if the Collector of the district is satisfied regarding such illegality in the appointment of respondent no.6, he after issuing notice to respondent no.6 and hearing him would take a final decision and if appointment of respondent no.6 having been found illegal and is sought to be terminated, the vacancy created on the post of Panchayat Sikshak on account of conversion of respondent no.6 a Panchayat Sikshak w.e.f. 1.7.2006, the vacancy of Panchayat Sikshak shall be filled up strictly in accordance with law in terms of 2006 Rules after giving opportunity to all concern including the petitioner. The petitioner, therefore, may file his compact representation so far it relates to assailing the appointment of respondent no.6, whereafter the Collector of the district shall take decision within a period of six months from the date of receipt of such representation filed by the petitioner. With the aforementioned observation this application is disposed of. Abhay Kumar ( Mihir Kumar Jha, J.)