IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2207 of 2007 SANJAY KUMAR son of Sri Birendra Kumar Sinha, resident of village- Chhotia P.O. Takia Karpi, P.S. Khijasarai in the district of Gaya. ….Petitioner. Versus 1. THE STATE OF BIHAR 2. The Director, Primary Education, Bihar. 3. The District Magistrate, Gaya, District- Gaya. 4. The District Superintendent of Education, Gaya. 5. The Block Development Officer, Khijasarai, District- Gaya. 6. The Block Education Extension Officer, Khijasarai, District- Gaya. 7. The Secretary, Jamuawan Gram Panchayat, District- Gaya. 8. The Mukhia, Jamuawan Gram Panchayat, P.S. Khijasarai, District- Gaya. 9. The Panchayat Sewak, Jamuawan Gram Panchayat, P.S. Khijasarai, District- Gaya. 10. Ram Bharos Prasad son of Sri Harihar Prasad, resident of village- Sahwajpur, P.O. Takia Karpi, District- Gaya. … Respondents. ----------- 2. 01.09.2010 Having heard counsel for the petitioner and counsel for the State as with regard to the following relief “A) For quashing the part of the letter dated 23rd May 2005 issued under the joint signature of the Mukhia and the Secretary of Jamuawan Gram Panchayat in the District of Gaya whereby and whereunder respondent no.10 Ram Bhoros Prasad has been appointed as Shiksha- Mitra in the Primary School, Khusialpur under Jamuawan Gram Panchayat. B) Also for a direction to the respondents to produce the merit list showing as to how the three persons from the backward category have been appointed, specially when only two posts were reserved for back-ward category. c) Also for necessary direction/directions giving any other relief/reliefs, including appointment to the petitioner on the post of Shiksha Mitra 2 under Jamuawan Gram Panchayat, to which petitioner is legally entitled to, in the facts and circumstances stated hereinafter.” while this Court would find it difficult to now issue any direction for consideration and appointment of the petitioner on the post of Panchayat Shiksha Mitra inasmuch as the said post stands abolished w.e.f. 1.7.2006, the grievance of the petitioner as with regard to continuation of respondent no. 10 on the post of Shiksha Mitra and his eventual absorption on the post of Panchayat Shikshak would still survive for adjudication and therefore when the respondent in their counter affidavit have also accepted that the matter relating to appointment of respondent no. 10 needs to be enquired into, this Court would give liberty to the petitioner to approach Gaya District Teachers Appellate Authority for assailing the appointment of respondent no. 10 and if the Authority would find that there was some inherent defect in the appointment of the respondent no. 10 initially on the post of Shiksha Mitra and his subsequent consequential absorption on the post of Panchayat Shikshak, it would after issuing notice as also extending an opportunity of 3 hearing to respondent no. 10, would pass an appropriate order. In the event, the appointment of respondent no. 10 would be terminated by the Authority, this Court would only observe that the resultant vacancy caused on the post of Panchayat Shikshak shall be filled up strictly as per 2006 Rules. In order to expedite the matter, the petitioner is given liberty to approach the Authority where he may also adduce evidence including the averments made in the counter affidavit filed in this case where the illegality in the appointment of respondent no. 10 has been admitted by the official respondents. It is expected that the entire exercise on merit as indicated above, would be completed by the Authority within a period of total six months from the date of filing of the complaint/ representation by the petitioner before the Authority. With the aforementioned observations and directions, this writ application is disposed of. kanchan (Mihir Kumar Jha, J.)