IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12105 of 2009 SHABANA KHATOON . Versus THE STATE OF BIHAR & ORS . ----------- 2 23.11.2009 Heard Counsel for the petitioner and the Counsel appearing for the State. Petitioner in this writ application is the Mukhiya of Gram Panchayat Raj Bairia in the district of Katihar. Her prayer is for quashing the order dated 13.4.2009 passed by the District Teachers Employment Appellate Tribunal, Katihar in Appeal No. 72 of 2009. The Appellate Authority by the impugned order has held that the appointment of respondent no.11 Iffat Ara could not have been reopened by the Mukhiya and a termination order could have been issued against her. Respondent no.11 has entered appearance through her counsel. After going through the writ application, it transpires that respondent no.11 was engaged as Panchayat Shiksha Mitra in the year 2003. Subsequently she continued as Panchayat Shiksha Mitra for 33 months and finally absorbed on the post of Panchayat Teacher. Petitioner when became Mukhiya she illegally reopened appointment of 2 respondent no.11, questioning the legality of her initial appointment on the post of Panchayat Shiksha Mitra. At petitioner’s instance, the Block Education Extension Officer, District Superintendent of Education everyone has issued direction for reopening the matter. Finally matter went before the Appellate Tribunal and the impugned order has been passed holding that the appointment of respondent no.11 on the post of Panchayat Shiksha Mitra at Middle School, Siktia Gram Panchayat Raj, Bairia cannot be reopened by any one of the authorities. Firstly I do not find that there is any illegality in the impugned order passed by the Appellate Tribunal, as Appellate Tribunal has got jurisdiction to look into the matters of Panchayat Shiksha Mitras’ appointment, in case the matter has remain undecided. Otherwise also, as rightly pointed out by the Counsel appearing for the State, the Mukhiya has no locus to challenge the order passed by the Appellate Tribunal and the writ application at her instance is not maintainable. This application is dismissed. (Mridula Mishra,J.) A.kumar 3