IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9842 of 2006 SANT KUMAR, son of Sri Ram Balak Rai, resident of village Lakhanpur Tal, P.O. Deshari, P.S. Desari, District Vaishali … Petitioner Versus 1. THE STATE OF BIHAR through the Secretary primary and Adult Education, Govt. of Bihar, Patna 2. The Director, Primary Education, Govt. of Bihar, Patna 3. The Regional Deputy Director of Education, Tirhut Division, Muzaffarpur, District Muzaffarpur 4. The District Education Officer, Vaishali, District Vaishali 5. The District Superintendent of Education, Vaishali, District Vaishali 6. The Block Education Officer, Desari, Block P.S. Desari, District Vaishali 7. The District Development Commissioner, Vaishali, District Vaishali 8. The Gram Panchayat Raj Dharampur Ram Rai, through its Secretary cum Panchayat Sevak, Gram Panchayat Raj Dharampur Ram Rai under Desari Block, District Vaishali 9. The District Magistrate, Vaishali, District Vaishali 10. The Block Development Officer Block Desari, P.S. Desari, District Vaishali 11. Sanjay Kumar, son of Laldev Rai, resident of village Madhopur Gajpati, P.O. + P.S. Desari, District Vaishali … Respondents. ----------- 2. 24.8.2010 Having heard Mr. Rajendra Prasad Singh, learned Senior counsel for the petitioner and the counsel for the State with regard to the following prayer: “(i) For direction to the respondent concern to call the order whereby respondent no.11 has been appointed as Siksha Mitra and posted in Madhya Vidalaya, Dharmpur Ram Rai, Desari Block, District 2 Vaishali and quash the same. (ii) For direction to respondent to re-employ the petitioner on the post of Siksha Mitra in Middle School, Dharmpur Rai, under Desari Block District Vaishali (iii) For direction to quash the procecuting dated 14.6.2004 of Aam Sabha containt in Ann. Whereby respondent no.11 has been appointed as Siksha Mitra.” this Court must hold that the part of the relief as sought for by the petitioner in this writ application seeking his own extension of the term of Shiksha Mitra beyond a period of 11 months from 18.1.2004 is no longer possible in view of abolition of the post of Shiksha Mitra with effect from 1.7.2006. Counsel for the State in fact seems to be correct in pointing out that the periodical extension of 33 months, in all by giving two extensions from the date of original appointment has also expired in the case of the petitioner and therefore, on this count also the petitioner cannot be given relief. The relief of the petitioner, however, is in two parts, namely, a 3 direction his own appointment on the post of Shiksha Mitra after removal of respondent no.11. As with regard to respondent no.11 there has been consistent finding of fact recorded by all the authorities that his fresh engagement by not allowing renewal of the term of the petitioner was wholly illegal and in fact was a piece of personal favour bestowed on respondent no.11 by the Mukhiya. In that view of the matter, this Court must hold that even if respondent no.11 has been absorbed on the post of Panchayat Sikshak the anomaly in his appointment of Shiksha Mitra can be still looked into and therefore, if the petitioner would file a complaint before the District Teaches Appellate Authority, Vaishali the same would be entertained, adjudicated and deceased after giving opportunity of personal hearing to both the petitioner and Respondent no. 11. If the Authority would find that the appointment of respondent no.11 was made without following the procedure and in fact by way of personal favour by the father Mukhiya to his son, as 4 has been reported by various authorities in their report, it would pass an appropriate order removal of Respondent no. 11. If respondent no.11 is ultimately removed from his post and the vacancy on the post of Panchayat Shikshak is caused the same shall be filled up in accordance with 2006 Rules after giving opportunity to all concerned including the petitioner. Such exercise must be completed by the competent Authority within a period of six months from the date of receipt/ production of a copy of this order. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/