IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5250 of 2007 1. SUBHADRA KUMARI, wife of Abinash Kumar Singh 2. Sandhya Kiran, D/o Jagdish Prasad Singh 3. Pramod Prabhakar, son of Sri Parmanand Singh All resident of village + P.O. Korari, P.S. Nagarnausa, District Nalanda 4. Abinash Kumar Singh, son of Sri Jagdish Prasad Singh, resident of Faillapur, P.O. Damodarpur Baldha, P.S. Nagarnausa, District Nalanda ... Petitioners Versus 1. THE STATE OF BIHAR 2. District Magistrate, Nalanda 3. District Superintendent of Education, Nalanda 4. Block Development Officer, Nagar Nausa block, P.S. Nagarnausa, District Nalanda 5. Santosh Kumar, son of Kailash Thakur, resident of village Sakarpura, P.S. Nagarnausa, District Nalanda 6. Renuka Devi, wife of Akhilesh Prasad, resident of village Hajipur, P.S. Nagarnausa, District Nalanda 7. Pramod Kumar, son of Sri Ashok Prasad, resident of village Khirubigha, P.S. Nagarnausa, District Nalanda 8. Pramod Paswan, won of Harihar Das, resident of village Daldalichak, P.S. Nagarnausa, District Nalanda 9. Bhuneshwar Nath Dwidi, son of Devendra Dwivedi, resident of village Korari, P.S. Nagarnausa, District Nalanda 10. Anjani Kumar Vishwakarma, son of late Mohan Vishwakarma, resident of village Fazillapur, P.S. Nagarnausa, District Nalanda ... Respondents ----------- 2. 27.10.2010 Having heard counsel for the petitioners and the counsel for the State as with regard to the following relief: “The present application is for issuance of a writ in the nature of mandamus directing the respondents to appoint the petitioners as „Panchayat Shiksha Mitra‟ in the Panchayat of Khajura, Nagarnausa 2 Surendra/ Block, district Nalanda on the basis of their result in Matriculation and also for quashing the order vide Memo No. 374 dated 25.1.2007, Annexure 3 to this application issued by the respondent no.3, District Superintendent of Education.” this Court is of the considered opinion that though the petitioners cannot be now appointed on the post of Panchayat Shiksha Mitra their grievance with regard to illegal appointment and continuation of respondents no. 5 to 10 on the post of Shiksha Mitra and their consequential absorption on the post of Panchayat Shikshak can still be gone into by the concerned District Teachers Appellate Authority. That being so, this application is disposed of with a liberty to the petitioners to move the said appellate authority which in the event of filing of complaint by the petitioners would dispose of the same in accordance with law after affording opportunity of hearing to the petitioners as also to respondents no. 5 to 10. (Mihir Kumar Jha,J.) 3