IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2738 of 2007 1. NITISH KUMAR, s/o Shri Janmejay Kumar Singh. 2. Amit Kumar, s/o Shri Shatrunjay Kumar Singh All are resident of village- Patahi (Nanhkar), P O + P S- Patahi District- East Champaran. … Petitioners. Versus 1. THE STATE OF BIHAR 2. The Secretary, Primary and Adult Education, Govt. of Bihar, New Secretariat, Beli Road, Patna. 3. The District Magistrate, East Champaran, Motihari. 4. The District Panchayat Raj Officer, East Champaran, Motihari. 5. The Block Development Officer, Anchal- Patahi, PO + PS- Patahi, District- East Champaran. 6. The District Superintendent of Education-cum-District Programme Coordinator, Sarv Siksha Abhiyan, Ambedkar Bhawan near Katchahry(Court) Chowk, PO + PS Motihari, District- East Champaran. 7. Shri Makeshwar Sah, s/o Shri Ram Lalan Sah, the erstwhile Mukhiya of Panchayati Raj Patahi East, PO + PS Patahi, Anchal- Patahi, District- East Champran. 8. Shri Kishori Prasad Yadav, father’s name not known to the petitioners, erstwhile (at present posted in Ghorasahan Block within the District of East Champaran) Panchayat Sevak of Panchayati Raj Patahi East, PO + PS- Patahi, Anchal- Patahi, District- East Champaran. 9. Shri Binda Prasad Singh, Mukhiya of Panchayat Raj Patahi East, PO + PS Patahi, Anchal- Patahi, District- East Champaran. 10. Shri Ganesh Pd. Yadav, Panchayat Secretary of Panchayati Raj Patahi East, PO +PS- Patahi, Anchal- Patahi, District- East Champaran. … Respondents. ----------- 2. 28.09.2010 Having heard learned counsel for the petitioner and learned counsel for the State as with regard to the following relief; “I. to issue a writ in the nature of certiorari for quashing and cancellation of entire selection process of Panchayat Siksha Mitra of Panchayat Raj Patahi East, made in the year 2005 as the respondent no. 7 & 8 in complete defiance of Panchayat Siksha Mitra 2 Rules, appointed the persons, who are admittedly having less weightage marks in comparison to the petitioners and further for issuance of a writ in the nature of mandamus commanding the respondent no. 3 and 4 asking therein that despite of the report of mass illegalities or irregularities why an appropriate proceeding was not initiated against the respondent no. 7 and 8. II. To issue a writ in the nature of mandamus commanding the respondent no. 3 and 5 to consider the case of the petitioners as the petitioners having higher qualification and weightage in comparison to the persons, who were selected on extraneous consideration and also contrary to the post notified under the roaster clearance. III. To issue a writ in the nature of mandamus commanding the respondent no. 3 and 5 to direct the respondent no. 9 & 10 to consider the respective application forms of the petitioners and thereafter appoint the petitioners on the basis of their educational qualification and the weightage possessed by the petitioners at the relevant time. IV. to ask and explanation-cum-show cause from the respondent no. 3 & 5 asking therein that when after enquiry, apparent illegalities and irregularities were surfaced then under what compulsion, appropriate action was not initiated against the respondent no. 7 & 8 and the petitioners further prays to take appropriate steps for the respective appointments amongst the panel prepared on the basis of roaster clearance and the merit list including the facts incorporated in the application form.” this Court must hold that the relief sought for by the petitioners as with regard to their appointment on the post of Shiksha Mitra can not be allowed in view of the 3 fact that the post of Shiksha Mitra stands abolished w.e.f. 1.7.2006 but then the grievance of the petitioners that others were illegally appointed, selected and retained on the post of Shiksha Mitra on 1.7.2006 so as to be conferred the benefit of absorption on the post of Panchayat Shikshak can still be looked into by the District Teachers’ Appellate Authority and in case the petitioners would approach the concerned authority by filing their complaint, the same shall be looked into and decided strictly in terms of the policy of Shiksha Mitra which was in vogue at the time of engagement of such persons. It is made clear that in the event the authority could proceed to pass any adverse order against the duly selected and appointed Shiksha Mitra and subsequently absorbed as Panchayat Shikshak, it will give notice and opportunity of hearing to them before passing any order. With the aforementioned observation and direction, this writ application is disposed of. kanchan/- (Mihir Kumar Jha, J.)