IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12781 of 2006 1. AMARJEET PRASAD, SON OF SHREE SURESH PRASAD 2. AJAY KUMAR, SON OF PARASNATH PRASAD 3. SUDARSHAN KUMAR PAL, SON OF SHREE JANESHWR PRASAD, ALL ARE RESIDENTS OF VILLAGE & P.O. BALIGAON, P.S. RAFIGANJ, DISTRICT AURANGABAD……..…PETITIONERS Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, AURANGABAD 3. THE SUB-DIVISIONAL OFFICER, AURANGABAD 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, AURANGABAD 5. THE BLOCK DEVELOPMENT OFFICER, RAFIGANJ, P.O. + P.S. RAFIGANJ, DISTRICT AURANGABAD 6. THE BLOCK EDUCATION EXTENSION OFFICER, RAFIGANJ, P.O. + P.S. RAFIGANJ, DISTRICT AURANGABAD 7. SHREE PRAMOD MISHRA, THE SECRETARY PANCHAYAT CIRCLE RAFIGANJ, BALIGAON PANCHAYAT, DISTRICT AURANGABAD 8. SHREE ARVIND KUMAR SINGH, SON OF RAM NARESH SINGH, RESIDENT OF VILLAGE KHANDAKAR, P.O. KONA , P.S. RAFIGANJ, DISTRICT AURANGABAD, THEN EX-MUKHIYA OF BALIGAON PANCHAYAT 9. SHREE BAIDNATH PRASAD, SON OF LATE GANESH MEHTA, RESIDENT OF VILLAGE & P.O. BALIGAON, P.S. RAFIGANJ, DISTRICT AURANGABAD, AT PRESENT MUKHIYA OF BALIGAON PANCHAYAT……………………….…RESPONDENTS ----------- 2. 16.07.2009 Heard learned counsel for the petitioners and learned counsel for the State. In this writ application the grievance of the petitioners is that ignoring the claim of the petitioners, 12 candidates were appointed to the - 2 - post of Panchayat Shiksha Mitra having lesser qualification than the petitioners. Learned counsel for the petitioners submits that the petitioners have filed representations before respondent no.4, the District Superintendent of Education, Aurangabad, copies whereof are annexed as Annexure-3 series. He submits that the writ application may be disposed of with direction to the respondent no.4 to consider the same and pass appropriate orders in accordance with law. He also submits that the petitioners may also be permitted to file fresh representations for the convenience of respondent no.4 Learned counsel for the respondents has no objection to the same. The writ application is, accordingly, disposed of with a direction to respondent no.4, the District Superintendent of Education, Aurangabad to dispose of the representations as contained in Annexure-3 series and pass appropriate orders on the same. For the convenience of the respondent, petitioners are also permitted to file fresh representations before respondent no.4, the District - 3 - Superintendent of Education, Aurangabad within one month from today for redressal of their grievances. In case fresh representations are filed by the petitioners, respondent no.4, the District Superintendent of Education, Aurangabad shall get the same examined on the basis of the records. Thereafter Respondent No.4, the District Superintendent of Education, Aurangabad shall pass a reasoned order in the matter in accordance with law in this regard positively within a period of three months from the date of filing of the representation. It is made clear that this Court has not expressed any opinion with regard to merit of the claim of the petitioners which has to be examined, considered and decided on its own merit by respondent no.4 strictly in accordance with law. B.T (J.N. Singh, J.)