IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11937 of 2009 ASHWANI KUMAR PATHAK, Son of Sri Braj Kishore Pathak, resident of village – Gauripur, P.O. & P.S. – Singheshwar, District – Madhepura. …. Petitioner. Versus 1. THE STATE OF BIHAR. 2. The Commissioner –cum- Secretary, Human Resources Development Department, Bihar, Patna. 3. The Commissioner, Koshi Division, Saharsa. 4. The District Magistrate, Madhepura. 5. The District Superintendent of Education, Madhepura. 6. The Regional Deputy Director of Education, Koshi Division, Saharsa. 7. The Block Education Extension Officer, Singheshwar. 8. The Mukhiya, Gram Panchayat Gauripur. 9. The Secretary, Gram Panchayat Gauripur, Madhepura. 10. The Members of Sukh- Suvidha Committee, Gram Panchayat Gauripur, Madhepura. 11. Pandit Gopal Kumar Son of late Bharat Pandit, resident of Patori, P.O. Patori, P.S. Singheshwar, District – Madhepura. 12. Sanjay Kumar Mahto, Son of Sri Bhuneshwar Mahto, resident of village – Gauripur, P.O. & P.S. Singheshwar, District – Madhepura. 13. Ranjit Kumar Thakur, Son of Sri Tulakant Thakur, resident of village – Gauripur, P.O. & P.S. Singheshwar, District – Madhepura. … Respondents. ----------- 02/ 17.11.2009 Heard counsel for the petitioner and counsel appearing for the State. Petitioner’s grievance relates to non-consideration of his appointment on the post of Shiksha Mitra in the year, 2005. From the pleadings it is apparent that he did not file his objection before the competent authority under the guidelines for Shiksha Mitras appointment within the time specified for filing such objections. Later on, he filed his objection before different authorities, as stated in the writ application, but till date no finding has been recorded regarding the appointment of - 2 - respondent that it was illegal. After more than four years, the petitioner has come before this Court. During this period there has been substantial change in the law. The Panchayat Shiksha Mitra appointed till 2005 – 2006, have been absorbed on the post of Panchayat teacher, under Bihar Panchayat Primary Teachers Appointment and Service Conditions Rules 2006. Now 2006 Rules has been amended by 2008 Rules. At present complaints relating to Panchayat/ Prakhand Teacher’s appointment, can be looked into by the Appellate Authority. So far the matters relating to Panchayat Shiksha Mitras appointment are concerned, such cases can be considered by the Appellate Tribunal, in case any complain relating to Shiksha Mitra’s appointment has remained pending before the appropriate authority, i.e. District Magistrate. The District Magistrate has got jurisdiction to refer such matters to the appellate authority. In case petitioner’s objection is still pending before the District Magistrate, petitioner may represent before the District Magistrate for referring his objection to the appellate authority. This application is disposed of. DKS/ (Mridula Mishra, J.)