IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12844 of 2006 1. LAKSHMI KANT PRASAD, son of Sri Bindeshwari Prasad, resident of village Bahlolpur, Panchayat Karamwa, P.S. Dhaka, District East Champaran 2. Suresh Prasad, son of Sri Jamun Sah, Resident of village Bahlolpur, P.O. Bahlolpur, Panchayat Karamwa, P.S. Dhaka, District East Champaran ... Petitioners Versus 1. THE STATE OF BIHAR 2. The Collector, East Champaran, Motihari 3. The District Development Commissioner, East Champaran, Motihari 4. The District Superintendent of Education, East Champaran, Motihari 5. The Block Development Officer, Dhaka, East Champaran 6. The Block Education Extension Officer, Dhaka, East Champaran 7. The Area Education Officer, Dhaka, East Champaran, Motihari 8. Mukhiya, Karamwa Panchayat, Block Dhaka, District East Champaran, Motihari ... Respondents ----------- 3. 28.9.2010 Heard counsel for the parties. Counsel for the petitioners would submit that the following prayer of the petitioners: “I. To direct the respondents to reinstate/ absorb the petitioners on the post of Siksha Mitra in Gram Panchayat Karamwa falling within the Dhaka Block of East Champaran District. II. To direct the respondents to abstain from appointing others on the post of Siksha Mitra in the Karamwa Panchayat of Dhaka of East 2 Champaran District. III. To direct the respondents to allow the petitioners to continue to work in Kanya Primary School, Saratha, falling within the Dhaka Block of East Champaran District.” so far it relates to appointment on the post of Shiksha Mitra has become infructuous, inasmuch as the post of Shiksha Mitra has been abolished with effect from 1.7.2006. It has, however, been contended that the petitioners may be allowed to withdraw this writ application for enabling them to pursue their remaining grievance for appointment on the post of Panchayat Shikshak before the District Teachers Appellate Authority inasmuch as persons having inferior academic records were selected and appointed on the post of Shiksha Mitra and were subsequently absorbed on the post of Panchayat Shikshak. In the opinion of this Court when the petitioners were not in service as holding the post of Shiksha Mitra as on 30.6.2006 they cannot claim to be absorbed and appointed on the post of Panchayat Shikshak and their grievance as with regard to five other persons, namely, Shishir Kumar 3 Sinha, Hasina Khatoon, Lalita Devi, Jahir Mohammad and Jasim Ahmad of being appointed illegally as Shiksha Mitra on 26.7.2004 and their absorption on the post of Panchayat Shikshak w.e.f. 1.7.2006, cannot be looked into, inasmuch as the aforementioned persons have not been made party to this writ application. With the aforesaid observation, this application is permitted to be withdrawn with liberty to the petitioners to move the District Teachers' Appellate Authority only in respect of alleged illegality in selection and appointment of any other person on the post of Shikshamitra who may have been appointed in the same transaction by rejecting the case of the petitioners. It however made clear that the said Authority on a complaint filed by the petitioners would decide the matter on merit only after giving notice and/or affording opportunity of hearing to the petitioners as also the persons who may become adversely affected by the result of such complaint filed by the petitioners. 4 With the aforesaid observations and direction this application is dismissed as withdrawn. (Mihir Kumar Jha,J.) Surendra/