IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1745 of 2011 In Civil Writ Jurisdiction Case No. 14652 of 2010 With Interlocutory Application No. 7952 of 2011 In Letters Patent Appeal No. 1745 of 2011 ====================================================== Rajeev Kumar, S/o Satya Narayan Yadav, R/o Village- Jhalighat, P.S.- Janki Nagar, District- Purnea. .... .... Petitioner/Appellant Versus 1. The State of Bihar through the Principal Secretary, Human Resources Development Department, Government of Bihar, Patna. 2. The Director, Primary Education, Bihar, Patna. 3. The District Magistrate, Purnea. 4. The District Superintendent of Education, Purnea. 5. The Block Education Extension Officer, Banmankhi, Purnea. 6. The Block Development Officer, Banmankhi Block, Purnea. 7. The Mukhiya, Gram Panchayat Madhubani under Banmankhi Block, Purnea. 8. The Panchayat Secretary, Gram Panchayat Madhuban, Block- Banmankhi, Purnea. 9. Sri Manishi Munna, S/o Sri Suresh Prasad, R/o Village- Jhalighat, P.S.- Janki Nagar, District- Purnea. .... .... Respondents/Respondents ====================================================== Appearance : For the Appellant/s : Mr. Sheel Bhadra Jha, Advocate. For the Respondent/s : Mr. Gyan Shankar, A.C. to G.P. 6 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 23-11-2011 Re. Interlocutory Application No. 7952 of 2011: The delay of 116 days occurred in filing the Letters Patent Appeal is condoned. Interlocutory application stands disposed of. Patna High Court LPA No.1745 of 2011 (2) dt.23-11-2011 2 / 3 2 Re. Letters Patent Appeal No. 1745 of 2011: Feeling aggrieved by the order dated 21st April 2011 passed by the learned single Judge in above CWJC No. 14652 of 2010, the writ petitioner has preferred the present Appeal under Clause 10 of the Letters Patent. The appellant, pursuant to his selection in 2004 seeks appointment as Panchayat Shiksha Mitra and consequent absorption as Panchayat Shikshak under the Bihar Panchayat Elementary Teacher (Employment & Service Conditions) Rules 2006 (hereinafter referred to as ‘the Rules of 2006’). The learned single Judge has rejected the claim as the cadre of Panchayat Shiksha Mitra stood abolished with effect from 1st July 2006. In our judgment, in the matter of Smt. Renu Kumari Pandey V. The State of Bihar & Others [2011(4) PLJR 297], we have considered the claim for appointment as Panchayat Shiksha Mitra and the effect of Rule 20 (iii) of the Rules of 2006. We have held that on introduction of the Rules of 2006, the posts of Panchayat Shiksha Mitra stand abolished. No one can be appointed as Panchayat Shiksha Mitra nor any person can be deemed to have been employed as Panchayat Shiksha Mitra as on 1st July 2006 nor such person can be deemed to have been absorbed in service as Panchayat Shikshak under the Rules of 2006. We have also held that in absence of the power conferred upon any authority, the reports or the orders made by any authority are of no consequence. No relief can be granted on the basis of the finding recorded by such authority. We have also held that the Elementary Teachers Appellate Authority, Patna High Court LPA No.1745 of 2011 (2) dt.23-11-2011 3 / 3 3 constituted under Rule 18 of the Rules of 2006 as amended in 2008, has no jurisdiction to entertain, hear or decide the disputes relating to the employment of Panchayat Shiksha Mitra under the then prevalent resolutions, circulars, orders or instructions. In view of the above referred judgment, the claim of the appellant deserves to be rejected. The appeal is devoid of any merit. Appeal is dismissed in limine. Sujit/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)