IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.94 of 2010 1. SURENDRA KUMAR PANDIT S/O SRI BHARAT PANDIT, R/O VILL- PALIGANJ (MITHA KUAN), P.S- PALIGANJ, DISTT- PATNA Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, SECONDARY, PRIMARY AND ADULT EDUCATION DEPARTMENT, GOVT. OF BIHAR, PATNA 2. THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT.OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE, PATNA 4. THE DISTRICT EDUCATION OFFICER, PATNA 5. THE BLOCK DEVELOPMENT OFFICER, PALIGANJ, DISTT- PATNA 6. THE BLOCK EDUCATION EXTENSION OFFICER, PALIGANJ, DISTT- PATNA 7. SRI RAJNANDAN PANDIT, MUKHIYA PANCHAYAT RAJ, NIRAKHPUR PALI, P.S- PALIGANJ, DISTT- PATNA 8. SRI AJAY PRASAD THE THEN PANCHAYAT SECRETARY, GRAMPANCHAYAT RAJ, NIRAKHPUR, PALI, P.S- PALIGANJ, DISTT- PATNA 9. MD. WARIS KHAN S/O MD. ABDUL GANI R/O VILL-PALIGANJ, P.S- PALIGANJ, DISTT- PATNA ----------- 02/ 04.05.2010 Heard counsel for the petitioner and counsel appearing for the State. Petitioner’s prayer is for a direction to the respondents to appoint him on the post of Panchayat teacher in Primary School, Maharajganj Mushari, Paliganj, which fell vacant on account of termination of Md. Waris Khan as per the order passed by the Panchayat Secretary, Gram Panchayat Raj, Nirakhpur Pali. Petitioner’s case is that he was appointed as Panchayat Shiksha Mitra in the year, 2003, but before he could complete his 11 months’ period he was terminated and against that vacancy respondent no. 9 was appointed. - 2 - Respondent no. 9 was also terminated subsequently vide order contained in Annexure-7 dated 25.7.2008. I find, that the petitioner is claiming his reinstatement/appointment against the post, from which he was terminated in 2004 itself, before completion of 11 months’ period as Panchayat Shiksha Mitra. On 1.7.2006 he was not working as Panchayat Shiksha Mitra, for the purposes of being absorbed on the post of Panchayat Teacher. Otherwise also as per the government’s resolution any vacancy created against the post of Panchayat Shiksha Mitra on account of termination, removal or otherwise, cannot be filled by the next man in the panel, rather a fresh procedure has to be agitated for filling up of the post. After 1.7.2006, no post of Panchayat Shiksha Mitra is existing, as such no direction can be issued for initiating proceedings for appointment on Shiksha Mitra post. This application has no merit, it is dismissed. DKS/ (Mridula Mishra, J.)