IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13577 of 2007 Dayaram Chourasia, son of Shri Chandi Chourasia, resident of village Bank (Dandari), P.S. Ballia, District Begusarai … Petitioner Versus 1. The State Of Bihar 2. The District Magistrate/Collector, Begusarai 3. The District Superintendent of Education, Begusarai 4. The Block Education Extension Officer, Dandari, Begusarai 5. The Mukhiya, Panchayat Raj Bank (Dandari), P.S. Ballia, District Begusarai 6. The Panchayat Sevak, Panchayat Raj Bank (Dandari), P.S. Ballia, District Begusarai 7. Parma Nand Kumar, son of Shri Ram Chandra, resident of village Bank (Dandari), P.S. Ballia, District Begusarai … Respondents ----------- 2. 19.7.2011 I.A.No. 4795/2011 For the reasons mentioned in this application the prayer made therein to assail the order of the District Teachers Appellate Authority, Begusarai dated 15.3.2011 in Case No. 1078/2009 is allowed. Having heard counsel for the parties and taking into account that this writ application has remained pending since 10.10.2007 and that during the pendency of this writ application the petitioner had moved the District Teachers Appellate Authority, Begusarai in Case No. 1078/2009, this Court is prima facie of the view that the authority should not have non-suited the 2 petitioner on the ground of limitation. If such approach of the authority so far it relates to the dispute of period of Shiksha Mitra is approved, the whole purpose of the State Government circular dated 14.5.2009 of also vesting jurisdiction as with regard to the dispute of Shiksha Mitra in the authority shall become meaningless. More over, in a dispute of this nature where the entire thing would depend on filing of the application of the petitioner for the post of Shiksha Mitra in the prescribed proforma with the certificates for claiming reservation, the approach of the authority of deciding the dispute by ignoring this vital aspect cannot be approved. The authority is, hereby, directed to revive that complaint of the petitioner and decide the same on merits by looking into the original application filed by the petitioner for the post of Shiksha Mitra and after making verification as to whether such application was accompanied with the certificates and testimonials required to support the claim of the petitioner of his belonging to reserved category. If upon such 3 examination of record the authority comes to the conclusion that the petitioner despite submitting his certificate for claiming reservation was edged by respondent no.7 who had admittedly less marks to the petitioner in all examination and was selected and appointed only after eliminating the case of the petitioner by putting him in general category, the authority shall cancel engagement of respondent no.7 on the post of Shiksha Mitra and eventually his absorption on the post of Panchayat Shikshak shall also stand cancelled. If, on the other hand, the authority comes to the conclusion that the application filed by the petitioner for the post of Shiksha Mitra was not accompanied with the required documents supporting his case for reservation, it would straightway reject the case of the petitioner after recording its reasons and in that event the continuation of respondent no.7 on the post of Panchayat teacher will remain unaffected. This application is, accordingly, allowed and the order of the District Teachers Appellate Authority, Begusarai dated 15.3.2011 is hereby quashed and the 4 matter is remitted back to the authority to dispose of the matter afresh in the light of the aforementioned observations and directions after giving opportunity of hearing to the petitioner as also respondent no.7 within a period of four months from the date of receipt/ production of a copy of this order. (Mihir Kumar Jha,J.) Surendra/