IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5955 of 2007 RAJESH KUMAR JHA, SON OF SRI SHIV KANT JHA, RESIDENT OF VILLAGE-HARARI, POLICE STATION- ANDHRATHADHI,DISTRICT-MADHUBANI. ………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE COLLECTOR, MADHUBANI, P.S. & DISTRICT MADHUBANI. 3. THE DISTRICT SUPERINTENDENT OF EDUCATION, MADHUBANI, POLICE STATION AND DISTRICT-MADHUBANI. 4. THE SUB-DIVISIONAL OFFICER, JHANJHARPUR, POLICE STATION-JHANJHARPUR, DISTRICT- MADHUBANI. 5. THE BLOCK DEVELOPMENT OFFICER, ANDHRATHADHI, DISTRICT-MADHUBANI. 6. THE BLOCK EDUCATION EXTENSION OFFICER, ANDHRATHADHI, POLICE STATION- ANDHRATHADHI, DISTRICT-MADHUBANI. 7. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ, HARARI, POLICE STATION- ANDHRATHADHI, DISTRICT-MADHUBANI. 8. THE MUKHIYA GRAM PANCHAYAT RAJ HARARI, POLICE STATION-ANDHRATHADHI, DISTRICT-MADHUBANI. 9.AMARNATH CHOUDHARY, SON OF LATE MALHU CHOUDHARY, RESIDENT OF VILLAGE- HARARI, POLICE STATION-ANDHRATHADHI, DISTRICT-MADHUBANI. 10.MD. SULTAN RAIN, SON OF MD. BABUJAN, RESIDENT OF VILLAGE-HARARI, POLICE STATION-ANDHRATHADHI, DISTRICT- MADHUBANI. 11. AMRESH KUMAR YADAV, SON OF KAPLESHWAR YADAV, RESIDENT OF VILLAGE-HARARI, POLICE STATION- ANDHRATHADHI, DISTRICT-MADHUBANI. ……….RESPONDENTS. ----------- 03/ 23.11.2010 Having heard counsel for the petitioner and counsel 2 for the State as with regard to following relief:- “ A mandamus Commanding the respondents to appoint the petitioner on the post of “Shikhsha Mitra” of Gram Panchayat Raj Harari, Prakhand-Andhrathadhi, District- Madhubani against General Category. And the candidates of reserved category (Respondent Nos. 9, 10 &11) be removed from the post of Shikhsa Mitra as they have been selected against general Category.” this Court is of the considered opinion that no direction can be issued by this Court for appointment of the petitioner on the post of Shiksha Mitra inasmuch as the said post stands abolished with effect from 01.07.2006. His remaining grievance with regard to illegality in the selection and appointment of respondent no. 9, 10 and 11 on the basis of Shiksha Mitra and their subsequent absorption on the basis of Panchayat Shikshak however can still be gone into by the statutory District Teachers Appellate Authority in terms of Rule 18 of 2006 Rules. That being so, if the petitioner would file a complaint before the said Authority, the same shall be disposed off on merits without going into the question of 3 delay in filing of such complaint by the petitioner, of course only after affording an opportunity of hearing both to the petitioner as also to the respondent nos. 9, 10 and 11. With the aforementioned observation and direction this writ application is disposed off. Ranjan (Mihir Kumar Jha, J.)