IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1078 of 2011 In Civil Writ Jurisdiction Case No. 18316 of 2010 With Interlocutory Application No. 4974 of 2011 In Letters Patent Appeal No.1078 of 2011 ====================================================== Abhay Kumar, S/O Tej Narayan Yadav, R/O Village- Tilkohra, P.S.- Murliganj, Distt-Madhepura. .... .... Appellant/s Versus 1. The State of Bihar. 2. The District Magistrate, Madhepura. 3. The Block Development Officer, Murliganj Block, P.S. - Murliganj. Distt- Madhepura. 4. The District Superintendent of Education, Distt -Madhepura. 5. The Block Education Extension Officer, Murliganj Block, P.S.- Murliganj, Distt-Madhepura. 6. The Present Mukhiya of Deena Patti, Sakhua Gram Panchayat, Murliganj Block , R/O Village - Deena Patti, P.S.-Murliganj , Distt- Madhepura. 7. Sri Tribhuwan Prasad Singh, Ex-Mukhiya of Deena Patti Gram Panchayat , R/O Village- Dina Patti , P.S.-Murliganj, Distt-Madhepura. 8. Hira Kumar, S/O Shri Sheetal Prasad Sah, R/O Village- Shakhua , P.S.- Murliganj, Distt- Madhepura. 9. Manoj Kumar, S/O Sri Janardan Prasad Yadav, R/O Village-Gopali Tola, Tilkohra, P.S.-Murliganj , Distt- Madhepura. 10. Dayanand Yadav, S/O Sri Manjit Yadav R/O Village- Brindawan , P.S.- Murliganj , Distt-Madhepura. 11. Ratan Kumari, D/O Sri Bhagwan Prasad Yadav W/O Miraj Kumar , R/O Village- Gopali Tola, Tilkohra, P.S- Murliganj , Distt- Madhepura. 12. Anita Kumari, D/O Sri Deonath Tatma , W/O Prem Anuthish, R/O Village- Brindawan , P.S.-Murliganj, Distt-Madhepura. 13. Mukesh Kumar, S/O Sri Nand Kishore Yadav, R/O Village-Gopali Tola, P.S.-Murliganj , Distt-Madhepura. 14. Suresh Rishideo, S/O Late Damodar Rishideo , R/O Village-Tilkohra, P.S.-Murliganj , Distt- Madhepura. 15. Dhrubh Kumar, S/O Sri Deep Narayan Yadav, R/O Village- Meeragarh, P.S.-Murliganj , Distt-Madhepura. 16. Panchayat Sachiv-Cum-Panchayat Sevak of Deepa Patti Gram Panchayat, Murliganj Block, P.S.Murliganj, Distt-Madhepura. .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Uday Chand Prasad, Advocate. For the Respondent/s : Mr. Mrigendra Kumar, A.C. to S.C. 10. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and Patna High Court LPA No.1078 of 2011 (6) dt.29-08-2011 2 / 3 2 HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 6 29-08-2011 Re. Interlocutory Application No. 4974 of 2011: The delay of 16 days occurred in filing the Letters Patent Appeal is condoned. Interlocutory Application stands disposed of. Re. Letters Patent Appeal No. 1078 of 2011: Feeling aggrieved by the order dated 19th May 2011 made by the learned single Judge in above CWJC No. 18316 of 2010, the writ petitioner has preferred the present Appeal under Clause 10 of the Letters Patent. On the basis of the application for appointment as Panchayat Shiksha Mitra made by the appellant in 2003, he seeks appointment as Panchayat Shikshak under the Bihar Panchayat Elementary Teacher (Employment and Service Conditions) Rules, 2006 (hereinafter referred to as the Rules of 2006). According to the appellant he was illegally deprived of the employment as Panchayat Shiksha Mitra though he had secured the highest marks. Be that as it may, we have in our judgment in the matter of Smt. Renu Kumari Pandey Vs. The State of Bihar & Others (CWJC No. 10113 of 2007 decided on 23rd August 2011) , held that since the abolition of the cadre of Panchayat Shiksha Mitra with effect from 1st July 2006, no further appointment of Panchayat Shiksha Mitra can be made. We have categorically held “under Clause (i) of Rule 20 of the Rules all earlier resolutions, orders, directions issued in respect of employment of Panchayat Shiksha Mitra are repealed. Consequently, the Patna High Court LPA No.1078 of 2011 (6) dt.29-08-2011 3 / 3 3 posts of Panchayat Shiksha Mitra stood abolished. Thereafter, no person can be employed as Panchayat Shiksha Mitra ; nor can there be a deemed employment as Panchayat Shiksha Mitra; nor there can be a deemed absorption in the service as Panchayat Shikshak by operation of Rule 20(iii) of the Rules. In our opinion, even in a case where a person has a legitimate grievance in respect of his or her non-selection as Panchayat Shiksha Mitra at the relevant time or non-continuance as Panchayat Shiksha Mitra, such person cannot be deemed to have been appointed as Panchayat Shiksha Mitra; nor can he/she be deemed to have been employed as Panchayat Shiksha Mitra as on 1st July 2006; nor can such person be deemed to have been absorbed in service as Panchayat Shikshak under the Rules”. For the aforesaid reason, the appellant has no right to deemed appointment as Panchayat Shiksha Mitra or to deemed absorption as Panchayat Shikshak under the aforesaid Rules of 2006. The Appeal is dismissed in limine. Sujit/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)