IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11443 of 2011 1. Tabbsum Ara @ Tabssum Aran W/O Anwarul Ansari R/O Gidha, P.S. Chanpatia, District - West Champaran Versus 1. The State Of Bihar 2. Director Of Education Department Of Human Development Resources, Bihar, Patna 3. District Magistrate, West Champaran 4. The Block Development Officer, Chanpatia, District West Champaran 5. The Sukh Subidha Committee Panchayat Raj, Gidha, Block Chanpatia, District West Champaran 6. T He School Siksha Samittee Panchayat Gidha, Block Chanpatia, District West Champaran 7. Mukhiya Of The Gram Panchayat Gidha, Block Chanpatai, Cistrict West Champaran 8. Panchayat Secretary Gidha, Block Chanpatia, District West Champaran ----------- For the petitioner :- Mr. Binod Kumar, Advocate For the State :- Mr. J. P. Karn, Sr. Advocate, A.A.G.-4 Mr. A. K. Dubey, A.C. to A.A.G.-4 3 05.09.2011 Heard learned counsel for the petitioner and learned counsel for the State. This application has been filed for quashing of the latter part of the observation in order dated 26.03.2011 passed by the District Teacher Employment Appellate Authority, West Champaran and to hold that the petitioner be deemed to be appointed Panchayat Teacher in view of Rule 20 of the Panchayat Primary Teachers (Appointment and Service Conditions)Rules, 2006. The case of the petitioner is that he had applied for appointment on the post of Siksha Mitra in the Gidha Panchayat. His 2 selection was made and recommended by respondent no.7 but no letter of appointment was issued to join her duty on the said post. During the period after selection and till date expecting issuance of letter of appointment, she has acquired the education qualification of Intermediate. The petitioner approached the authorities time and again but in vain. The petitioner had earlier approached this Court by filing C.W.J.C. No.6277 of 2010 but the same was dismissed as withdrawn since the District Teacher Employment Appellate Authority has been constituted and made functional. Thereafter, by order dated 26.03.2011 of the Appellate Authority, it has been held the petitioner along with 6 others has been appointed and the Panchayat Secretary had issued the letter of appointment to all selected Siksha Mitra including the petitioner. Accordingly, the appellate authority held that the claim of the petitioner for issuance of the appointment letter is without any basis. Learned counsel for the petitioner submits that the Appellate Authority having found that the petitioner was selected as Shiksha Mitra ought to have held that she 3 become a Panchayat Teacher in view of Rule 20 of the 2006 Rules. From a perusal of the entire record, it appears that the petitioner did not approach the authorities immediately after the appointment. It has been submitted that the petitioner filed application for appointment regularly before the competent authority, i.e., the District Collector, West Champaran but there is nothing to show that the same had been received in the office of the Collector. Again she filed a representation dated 21.08.2008 before the District Collector, West Champaran which was probably received in the office of the Collector. In view of the aforesaid circumstances, this Court is of the view that the petitioner having been given the appointment letter, it is not open to her to make a claim for issuance of the same. From the record produced before the Appellate Authority, it appears that petitioner was issued the appointment letter in the year 2005 but for reasons best known to her she did not join at the time but subsequently, when the contractual post of Shiksha Mitra was converted into the regular post of Panchayat Teacher with 4 effect from 01.07.2006 after enforcement of the 2006 Rules and learning about the same in the year 2008, the petitioner again started pursuing the matter. The petitioner has approached this Court in the year 2010 and the District Teacher Employment Appellate Authority in the year 2009. In view of the aforesaid facts and circumstances, I am not inclined to interfere with the order passed by the District Teacher Employment Appellate Authority. Accordingly, the writ application is dismissed. Ashwini (Ramesh Kumar Datta,J.)