IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1124 of 2011 In Civil Writ Jurisdiction Case No. 1860 of 2007 With Interlocutory Application No. 5328 of 2011 In Letters Patent Appeal No.1124 of 2011 ====================================================== Mirtunjay Singh, son of Shiv Mangal Singh, resident of village Kagi Daulatpur, P.S. Belaganj, distt. Gaya. .... .... Appellants Versus 1. The State of Bihar 2. The District Magistrate, Gaya. 3. The District Superintendent of Education, Gaya. 4. The Block Development Officer, Belaganj, Gaya. 5. The Block Education Extension Officer, Belaganj, Gaya. 6. The Mukhiya Panari Gram Panchayat, Belaganj, Gaya. 7. The Panchayat Sachiv, Gram Panchayat Panari, Belaganj, Gaya. 8. Sanjeet Kumar, son of Sri Sidheshwar Prasad resident of village Bhagwanpur, P.S. Belaganj, Dist.Gaya. 9. Sabiya Khatoon D/O Mahfuj Ansari, resident of village Jafar, P.S. Belaganj, distt. Gaya. 10. Upendra Prasad Sinha, son of Ram Chandra Prasad r/o vill. Hament Bigh, P.S. Belaganj, Distt. Gaya. 11. Moti Prasad son of Babu Ram Prasad, R/o vill. Panari, P.S. Belaganj, distt. Gaya. 12. Babar Ansari, son of Sultan Ahmad r/o vill. Jafar, P.s. Belaganj, Distt. Gaya. 13. Ranjeet Kumar Chaudhary, son of Arjun Chaudhary, r/o vill. Nanjhu/Nankhu Bigha, P.S. Belaganj, Distt. Gaya. 14. Rakesh Kumar, son of Musafir Singh, r/o village Panari, P.S. Belaganj, distt. Gaya. Patna High Court LPA No.1124 of 2011 (2) dt.09-08-2011 2 / 3 2 15. Jaymanti Kumari wife of Ajay Kumar, resident of village Japhra, P.S. Belaganj, Dist. Gaya. 16. Pratima Kumari, wife of Ramesh Prasad, resident of village Panari P.S. Belaganj, Dist. Gaya. 17. Sushma Kumari, wife of Ashwani Kumar, resident of village Panari, P.S. Belaganj, Distt. Gaya. 18. Awadh Kumar Paswan, son of Ram Brikh Paswan, resident of village Panari, P.S. Belaganj, Dist. Gaya. .... .... Respondents/Respondents ====================================================== Appearance : For the Appellant : Mr. Binay Kumar Singh, Advocate For the Respondents : Mr. Zaki Haider, A.C. to GA-6 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2. 09.08.2011 This Appeal under Clause 10 of the Letters Patent is preferred by the petitioner No.1 in above C.W.J.C. No. 1860 of 2007 against the order dated 1st September 2010 made by the learned single Judge. In the writ petition filed in the year 2007, the appellant claimed that in 2003 he had applied for appointment as Panchayat Shiksha Mitra under Gram Panchayat, Panari, Police Station- Belaganj, District-Gaya. Though the appellant was better qualified, the Mukhiya of the Gram Panchayat appointed the respondent nos. 8 to 14 arbitrarily. Let it be noted that before the appellant approached this Court under Article 226 of the Constitution; the post of Panchayat Shiksha Mitra was abolished under the Bihar Panchayat Patna High Court LPA No.1124 of 2011 (2) dt.09-08-2011 3 / 3 3 Elementary Teacher (Employment and Service Condition) Rules, 2006. Besides, the learned single Judge has also noted that the appointment of the respondent nos. 8 to 14 had been cancelled. In view of the aforesaid developments, the writ petition has been dismissed by the learned single Judge. Therefore, the present Appeal. We have heard learned advocate Mr. Binay Kumar Singh appearing for the appellant extensively. There is no gainsaying that the post of Panchayat Shiksha Mitra was abolished with effect from 1st July 2006. The appellant, therefore, cannot have a claim for appointment as Panchayat Shiksha Mitra. The learned single Judge has rightly dismissed the writ petition. The Appeal has been filed after a delay of 290 days. The delay has also not been properly explained. The claim that the appellant was suffering from Jaundice in the month of June 2011 is also not supported by the contemporary medical report. In above view of the matter, the Appeal and the Interlocutory Application are dismissed. Pawan Kumar/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)