IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2654 of 2007 1. MANJU KUMARI age about 28 years w/o Krishna Kumar, resident of village- Bharwara, PS- Singhwara, District- Darbhanga. 2. Sachhi Kumari, age about 29 years, w/o Dilip Kumar Jha resident of village- Bharwara, PS- Singhwara, District- Darbhanga. … Petitioners. Versus 1. THE STATE OF BIHAR through its Secretary, Primary and Adult Education Department, Bihar, Patna. 2. The District Education Superintendent-cum-District Programme Coordinator, Bihar Education Project, Darbhanga. 3. The Block Development Officer, Singhwara, Darbhanga. 4. The Block Education Extension Officer, Singhwara, Darbhanga. 5. The Mukhiya, Gram Panchayat Raj, Bharwara, Darbhanga. 6. The Secretary, Gram Panchayat Raj, Bharwara, Darbhanga. 7. Mamta Kumari w/o Shambhu Kumar Thakur, village- Bharwara, PS- Singhwara, District- Darbhanga. 8. Mamta Kumari w/o Anand Kumar Das village- Bharwara, PS- Singhwara, District- Darbhanga. … Respondents. ----------- 2. 28.09.2010 In the opinion of this Court the following relief prayed for by the petitioners “1. That this application is being filed for issuance of a writ, order/ order’s, direction/direction’s directing the respondents to allow the petitioners to work in the concerned schools where they were appointed as Shiksha Mitra vide letter no. 3 dated 25.5.2005 issued by the Secretary and the Mukhiya of Gram Panchayat Raj Bharwara (Annexure-3) and without giving any notice to them the newly elected Mukhiya and the Secretary of the said Panchayat in collusion with the local officers issued another letters (Annexure-4) by which they appointed respondent no. 7 and 8 arbitrarily and illegality violating the directions issued by the respondent no. 1 vide letter No. 1458 dated 11.8.2004 (para 7). And further the respondents may be directed to pay the due 2 salary of the petitioners which has not been paid till today.” in the first instance so far it relates to illegality in the engagement of respondent nos. 7 and 8 on the post of Shiksha Mitra can be looked into by the District Teachers’ Appellate Authority and therefore if the petitioners would file their complaint before the said authority, the same would be disposed of after giving an opportunity of hearing to the petitioners as also respondent no. 7 and 8, strictly in accordance with law. It is, however, made clear that if the said authority would find the selection and appointment of Respondent no. 7 to be wholly illegal leading a direction for their removal from the post of Shiksha Mitra or Panchayat Shikshak, the resultant vacancy on the post of Panchayat Shikshak would be filled up strictly in accordance with 2006 rules in which the petitioners at best would have a right for their consideration provided they would fulfil the prescribed qualification as laid down in the 2006 Rules. With the aforementioned observations and directions, this writ application is disposed of. kanchan/- (Mihir Kumar Jha, J.)