IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1611 of 2007 SARVJEET SINGH son of Sri Ramasish Singh, resident of village Sarangpur, P.O. Kuchchila, District- Rohtas. …. Petitioner. Versus 1. THE STATE OF BIHAR through the Chief Secretary, Patna. 2. The Commissioner-cum- Secretary, Human Resources Department, Bihar, Patna. 3. The Secretary, Primary Education, Bihar, Patna. 4. The Director, Primary Education, Bihar, Patna. 5. District Superintendent of Education, Rohtas at Sasaram. 6. The Block Education Extension Officer, Block Kochas, District-Rohtas. 7. The District Magistrate, Rohtas at Sasaram. 8. The Block Development Officer, Block Kochas, District- Rohtas. 9. the Mukhiya, Grampanchayat Raj, Kuchchila, Block Kochas, District- Rohtas. 10. The Panchayat Secretary, Grampanchayat Raj Kuchchila Block Kochas District- Rohtas. 11. The Chairman, Bihar, State Backward Commission, Patna. 12. Upendra Kumar Ray son of Keshav Prasad, resident of village and P. O. Kuchhila, District- Rohtas. 13. Rina Kumari wife of Pravin Kumar, resident of village Chatra, P.O. Kuchchila, District- Rohtas. 14. Kamre Alam son of Kurban Ansari, resident of village Sarangpur, P. O. Kuchhila, District- Rohtas. 15. Vikash Kumar Pandey son of Dharamraj Pandey, resident of village Sarangpur, P. O. Kuchhila, District- Rohtas. 16. Sudha Kumari wife of Bharat Kumar Singh, resident of village Bahuara, P. O. Kuchhila, District- Rohtas. 17. Punam Kumari (Devi) wife of Umlesh Ray, resident of village & P. O. Kuchhilam, District- Rohtas. … Respondents. ----------- 2. 31.08.2010 Having heard counsel for the petitioner and counsel for the State as also taking into account the following prayer of the petitioner in this writ application; “i) For issuance of direction commanding the respondents to produce the merit list prepared for appointment of 2 Shiksha Mitra for Grampanchayat Raj Kuchchila Kochas prepared in the light of the Govt. Resolution no. 845 dt. 7.4.2005 and for quashing of the same being non-compliance of the Rule of Reservation and giving priority to the candidate having higher marks/points. (ii) For issuance of the direction commanding the respondents to make the appointment of the petitioner as Shiksha Mitra having higher marks/points amongst the candidates of other categories and treat him to be appointed as Panchayat Shikshak being appointed as Shiksha Mitra prior to commencement of Bihar Panchayat Shishak (Appointment Sevashart) Niyamabali, 2006 . (iii) For issuance of direction commanding the respondents to take action against the Mukhiya and Panchayat Secretary for violating the rules of reservation and not to give preference to the meritorious candidates, who have higher marks/points while making selection of Shiksha Mitra.” this Court must hold that the prayer of the petitioner now for his being appointed on the post of Shiksha Mitra has definitely become infructuous inasmuch as the post of Shiksha Mitra stands abolished w.e.f. 1.7.2006 whereas this writ application was filed on 7.2.2007. The rest of the grievance of the petitioner as with regard to illegality in the selection and appointment of respondent nos. 12 to 17 on the post of Shiksha Mitra and 3 their eventual absorption on the post of Panchayat Shikshak can still be gone into by the District Teachers Appellate Authority, Rohtas and therefore if the petitioner would file a complaint in this regard, the same would be considered and decided by the Authority strictly in accordance with law. Any adverse decision detrimental to the interest of respondent nos. 12 to 17 would however be taken only after giving notice and/or opportunity of hearing to them and in the event the Authority would find the selection and appointment of respondent nos. 12 to 17 to be bad, it will have jurisdiction and power to cancel such appointment and also issue direction to competent Authority for filling up the post of Panchayat Shikshak in terms of Bihar Panchayat Shikshak (Appointment Sevashart) Niyamabali 2006. With the aforementioned observation and direction, this writ application is disposed of. kanchan (Mihir Kumar Jha, J.)