IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1866 of 2011 In Civil Writ Jurisdiction Case No. 14980 of 2007 With Interlocutory Application No. 8336 of 2011 In Letters Patent Appeal No.1866 of 2011 ====================================================== Depak Kumar Pandey, S/O Sri Ramayan Pandey, R/O Village- Barasath, P.S.- Nawanagar, District- Buxar. .... Petitioner .... Appellant Versus 1. The State of Bihar through the Secretary Primary and Adult Education, Human Resources Development Department, Government of Bihar, Patna. 2. The Secretary Primary and Adult Education, Human Resources Development Department, Government of Bihar, Patna. 3. The Director Primary and Adult Education, Human Resources Development Department, Government of Bihar, Patna. 4. The District Magistrate, Buxar Cum Chairman, Sarva Siksha Abhiyan, Buxar . 5. The Additional Collector, Buxar . 6. The Deputy Development Commissioner, Buxar Cum Vice Chairman Sarva Siksha Abhiyan, Buxar. 7. The District Education Officer, Buxar. 8. The District Superintendent of Education, Buxar Cum Programme Coordinator, Sharv Siksha Abhiyan, Buxar. 9. The Range Education Officer, Buxar. 10. The Pramukh, Panchayat Samiti-Navanagar, Buxar . 11. Block Education Extension Officer, Nawanagar, Buxar . 12. The Mukhiya, Gram Panchayat, Karsar, Nawanagar, Buxar 13. The Secretary, Gram Panchayat Karsar, Nawanagar, Buxar. 14. Anil Kumar Mishra, S/O Paras Nath Mishra, R/O Village- Mishrawalia, P.S.- Nawanagar, District- Buxar. .... .... Respondent/s ====================================================== Patna High Court LPA No.1866 of 2011 (3) dt.14-12-2011 2 / 3 2 Appearance : For the Appellant/s : Mr Rajendra Prasad Singh, Sr. Advocate with Mr. Navjot Yeshu, with Mr. Rakesh Kumar Singh, Advocates For the Respondent/s : Mr. D.K. Sinha, AAG-2 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 3 14-12-2011 Re. Interlocutory Application No. 8336 of 2011 The delay of 48 days occurred in filing the Letters Patent Appeal is condoned. Interlocutory application stands disposed of. Re. Letters Patent Appeal No. 1866 of 2011 Feeling aggrieved by the judgment and order dated 25th July 2011 passed by the learned single Judge in above CWJC No. 14980 of 2007, the writ petitioner has preferred this Appeal under Clause 10 of the Letters Patent. It is the claim of the appellant that the respondent no. 14 one Anil Kumar Mishra was appointed as Panchayat Shiksha Mitra in Gram Panchayat Karsar, P.S. Nawanagar, District Buxar, contrary to the scheme of employment of Shiksha Mitra. His selection and appointment were found to be bad and came to be cancelled in 2007. The selection and appointment of respondent no. 14 having been cancelled, the appellant being next on the merit list had legitimate right to be appointed as Shiksha Mitra in resultant vacancy. The learned single Judge has dismissed the writ petition on the premise that on the date the appointment of the respondent Patna High Court LPA No.1866 of 2011 (3) dt.14-12-2011 3 / 3 3 no. 14 was cancelled, the cadre of Panchayat Shiksha Mitra did not exist and in absence of availability of the post of Panchayat Shiksha Mitra, the appellant can not be appointed as Panchayat Shiksha Mitra. Therefore, the present Appeal. We agree with the learned single Judge. No case for interference is made out. Appeal is dismissed in limine. B. Tiwary/Anjani/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)