IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9523 of 2006 AJAY KUMAR @ AJAY KR.SINGH, son of Sri Ram Prabodh Singh, resident of village Dumari Kala, P.O. Dumari Kala, P.S. Major Ganj, District Sitamarhi … Petitioner Versus 1. THE STATE OF BIHAR 2. The District Magistrate, Sitamarhi 3. The District Education Superintendent, Sitamarhi 4. The Block Development Officer, Major Ganj Block, Sitamarhi 5. Mukhiya, Gram Panchayat, Raj, Dumari Kala, Sitamarhi 6. Sunil Kumar Singh, son of Sri Surendra Singh 7. Abhinay Kumar, son of Sri Indradeo Singh 8. Sushil Kumar Jha, son of Sri Man Mohan Jha, Petitioner no 6 to 8 are resident of village Dumari Kala, P.s. Major Ganj, District Sitamarhi … Respondents ----------- 2. 24.8.2010 Heard counsel for the petitioner and the counsel for the State. The following prayer of the petitioner: “ This writ application is for issuance of appropriate writs/ orders/ directions in the nature of writ of mandamus directing the respondents no. 2, 3, 4 and 5 to appoint the petitioner as Shiksha Mitra teacher on the school of Gram Panchayat Raj, Dumari Kala in place of respondents no. 6, 7 and 8 after cancelling their appointment in the year 2003 who were appointed as a Shiksha Mitra teacher by illegal manner having obtained the Matriculation certificate in 2 2 fraudulent manner having supported and reduced their age in Matriculate examination appeared for the second time.” so far it relates to appointment of the petitioner on the post of Shiksha Mitra has been rendered infructuous, inasmuch as after 1.7.2006 there would be no scope for his appointment on the post of Shiksha Mitra on account of abolition of the aforesaid post. The second part of the grievance of the petitioner that respondents no. 6, 7 and 8 were illegally appointed on the post of Shiksha Mitra and on the basis of such appointment they have also been absorbed on the post of Panchayat Shikshak and as such, their appointment should be cancelled, can still be looked into by the District Teachers Appellate Authority in terms of Rule 18 of the Panchayat Teachers Rules, 2006. In that view of the matter, even when the petitioner cannot be appointed on the post of Shiksha Mitra on account of abolition of the post, if the petitioner would demonstrate the said illegality in the appointment of respondents no. 6, 7 and 8 by filing a complaint before the District 3 3 Teachers Appellate Authority, Sitamarhi, the said Authority will look into this aspect and decide the same after giving notice and/or opportunity of hearing to respondents no. 6, 7 and 8. If the Authority would find that their appointment was made illegally, it would pass an appropriate order in accordance with law. It is however made clear that even if the appointment of respondents no. 6, 7 and 8 is held to be illegal it will not automatically lead to appointment of the petitioner and in that event only the post of Panchayat Shikshak on which respondents no. 6, 7 and 8 have been now sought to be continued after abolition of the post of Shiksha Mitra will be deemed to have become vacant for its being filled up in accordance with the Panchayat Teachers Rules framed in the year 2006. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/ 4 4