IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11839 of 2006 Smt. Rita Devi @ Kumari Rita Singh, Wife of Om Prakash Singh, Resident of Village Khadahi, P.O. + P.S. Bhore, District Gopalganj. -------- Petitioner Versus 1. The State of Bihar. 2. The Secretary, Primary and Adult Education, Department of Bihar, Patna. 3. The Collector, Gopalganj District – Gopalganj. 4. The Block Education Extension Officer, Bhore, Gopalganj. 5. The Sukh Subhidha Samittee, Khadahi Gram Panchayat, P.S. Bhore, District Gopalganj. 6. The Mukhiya, Khadahi Gram Panchayat, Bhore, Gopalganj. 7. Smt. Kanak Mati Devi, Wife of Jai Prakash Mishra, Resident of Village Damkiya, P.O. Sisai, P.S. Bhore, District Gopalganj. ------- Respondents ----------- 2 31.08.2010 Heard learned counsel for the petitioner and counsel for the State. The prayer of the petitioner in this writ petition reading as follows:- “1. That this is an application for quashing the selection list of Shiksha Mitra of Khadahi Gram Panchayat dated 6.5.2005 by issuance of writ in the nature of certiorari as well as for the issuance of writ in the nature of Mandamus or any other writ or writs, direction or directions to the respondents to appoint the petitoner as Shiksha Mitra within Khadahi Gram Panchayat and accordingly to pay the remuneration in accordance with law.” so far it relates to the petitioner being 2 appointed as Shiksha Mitra must be deemed to have become infructuous on account of abolition of the post with effect from 1.7.2006. This writ petition, infact, was filed on 22.9.2006 for two separate reliefs, one being for direction for appointment of the petitioner on the post of Shiksha Mitra, which as noted above, after abolition of the post itself would not survive for adjudication. There is, however, one more grievance of the petitioner as with regard to selection and appointment of the respondent no.7 about whom it is said that her selection was made in an arbitrary manner and in this context, reference has been made to Annexure- 5, the recommendation of the Mukhia. In the opinion of this Court, this aspect of the matter, as with regard to the illegality in the appointment of the respondent no.7, can be looked into by the District Teachers Appellate Authority, Gopalganj. Thus in the event the petitioner would file his complaint before the aforesaid Authority, it, after giving notice and an opportunity of hearing 3 to the respondent no.7, may take a final decision as to whether her initial engagement on the post of Shiksha Mitra was valid and legal as per the prevailing Government instruction. If upon such enquiry of the Authority, it comes to a finding that the appointment of the respondent no.7 as Shiksha Mitra was invalid/illegal, it would set aside the initial engagement of the respondent no.7 on the post of Shiksha Mitra and consequential absorption on the post of Panchayat Shikshak only on the basis of continuing as a Shiksha Mitra as on 30.6.2006. In such event the post of Panchayat Shikshak occupied by the respondent no.7 will be deemed to have become vacant on which the fresh appointment will be made strictly in accordance with 2006 Rules. With the aforementioned observation and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)