IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12273 of 2006 BHAGWAN YADAV, son of Sri Dina Nath Yadav, resident of village Khandara, P.O. Dullahpur, P.S. Simri, District Buxar … Petitioner Versus 1. THE STATE OF BIHAR 2. The Commissioner cum Secretary, Primary and Adult Education, Govt. of Bihar, Patna 3. The Director Primary Education, Govt. of Bihar, Patna 4. The State Project Officer, Bihar Education Project Council, Beltron Bhawan, Patna 5. The District Magistrate, Buxar 6. The District Superintendent of Education, Buxar 7. The District Regional Education Officer, Buxar 8. The Block Education Extension Officer, Simri Block, District Buxar 9. The Block Development Officer, Simri, District Buxar 10. The Mukhiya Dullahpur Panchayat Simri District Buxar 11. The Panchayat Secretary, Dullahpur, Panchayat Simri District Buxar 12. Suraj Deo Dubey, son of Kanhaiya Dubey, resident of village Satvarula, P.S. Simri, District Buxar … Respondents. ----------- 2. 31.8.2010 Having heard counsel for the petitioner and the counsel for the State in respect of the following relief of the petitioner: “That this writ application for giving a direction to the respondents especially to respondents no. 5 and 6 to cancel the appointment of respondent no.12 and appoint the petitioner on his place as „Siksha Mitra‟ in Simri Block because the petitioner has obtained higher marks in 2 Matriculation Examination in comparison to respondent no.12.” while this Court would find it difficult to now issue a direction for appointment of the petitioner on the post of Shiksha Mitra in view of the fact that the post was abolished with effect from 1.7.2006 and this writ application was filed after much delay on 10.10.2006 but then the remaining grievance as with regard to illegality in the appointment of respondent no.12 this Court would direct the Collector of Buxar District (respondent no.5) to examine the appointment of respondent no.12 on the post of Shiksha Mitra. For doing so, he must issue notice to respondent no.12 and given opportunity of hearing before any adverse decision is taken against him. In the event it is found that the appointment of respondent no.12 initially on the post of Shiksha Mitra and subsequently conversion on the post of Panchayat Shikshak with effect from 1.7.2006 was unjustified, the Collector of the District will cancel the engagement of respondent no.12, whereafter the vacancy caused on the post of 3 Panchayat Shikshak shall be filled up strictly in accordance with 2006 Rules. Let it be made clear that this Court has expressed no opinion on the claim of the petitioner of appointment of respondent no.12 being illegal and this issue has to be strictly decided by the Collector in accordance with the circular and the Government policy that was in vogue as on date of appointment of respondent no.12 as Shiksha Mitra. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/