IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2962 of 2008 Kanchan Kumari, wife of Shri Kavindra Kumar @ Shri Kavindra Kumar Nirala, resident of Village-Karwa Hankar, P.S.-Karpi, District-Arwal. ........Petitioner. VERSUS 1. The State of Bihar, through the Principal Secretary, Human Resource Development Department, Government of Bihar, Patna. 2. The District Magistrate, Arwal. 3. The Sub-Divisional Officer, Arwal. 4. The District Superintendent of Education, Arwal. 5. The Block Development Officer, Karpi, Arwal. 6. The Block Education Extension Officer, Karpi, Arwal. 7. The Mukhiya, Gram Panchayat, Khajuri, Karpi, Arwal. 8. The Secretary, Gram Panchayat, Khajuri, Karpi, Arwal. 9. Veena Kumari @ Veena Devi, Wife of Mahesh Kumar, resident of Village-Khajuri, Panchayat-Khajuri, Karpi, Arwal, at present working as a Shiksha Mitra, Primary School, Khajuri, Block-Karpi, P.S.-Karpi, District- Arwal. 10. Renu Kumari @ Renu Devi, Wife of Dharmendra Kumar, resident of Village-Karwa Hankar, P.S.-Karpi, District-Arwal, at present working as a Panchayat Shiksha Mitra, Primary School, Karwa Hankar,P.S.-Karpi, Prakhand Karpi, Distrist-Arwal (now terminated). 11. Smt. Sunita Devi, Wife of Mahendra Pratap Singh, resident of Village- Newara, now working at Primary School-Karwa Hankar, Khajuri Gram Panchayat, Karpi, Arwal. ...........Respondents. ----------- 2/ 26.03.2010 Heard counsel for the petitioner and the counsel appearing for the State. Petitioner’s prayer is for quashing of the order dated 19.12.2007 passed by the District Magistrate, Arwal, in Case No. 06 of 2007-2008. By the impugned order, the District Magistrate, Arwal i.e. respondent No. 2 has rejected the claim of the petitioner for being appointed on the post of Panchayat Shiksha Mitra within Khajuri Gram Panchayat. In the year 2005, against five vacant posts of Panchayat Shiksha Mitra applications were invited. Out of five posts, three posts were reserved for female and two posts for male candidates. - 2 - Petitioner, Kanchan Kumari, Renu Kumari and Veena Kumari, were put in the panel, having highest marks in the female category, out of three posts for female, two were unreserved category, and one in the reserved category. Petitioner, Kanchan Kumari had 658 marks, Veena Kumari had 607 marks and Renu Kumari had 597 marks. As per the guideline for the appointment of Panchayat Shiksha Mitra, the marks obtained by the candidates are placed in the brackets. Petitioner and other two candidates were put in one bracket with 15 weightage, considering the marks obtained by them. The guideline provided that in case the candidates have similar weightage, selection will be made considering seniority in the age. Petitioner, Kanchan Kumari was youngest among three candidates, as such, with similar weightage, two other candidates being senior in age were appointed against reserved posts and the petitioner, Kanchan Kumari was left, being youngest in age. I do not find that any illegality was committed in case the petitioner was not selected. Otherwise, also after 01.07.2006, the post of Panchayat Shiksha Mitra was non-existent. No direction was issued for appointment against the Panchayat Shiksha Mitra post. The District Magistrate, Arwal, has rightly recorded this finding, which makes no intervention. Accordingly, this application is dismissed. Sanjeet/ (Mridula Mishra, J.)