IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12179 of 2010 1. RANI KUMARI W/O SRI SAROJ KUMAR R/O VILL BHALUAHAJAN, P.S.MAJORGANJ, DISTT-SITAMARHI---------PETITIONER Versus 1. THE STATE OF BIHAR 2. THE STATE OF BIHAR THROUGH COMMISSIONER CUM SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT GOVT. OF BIHAR, PATNA 3. THE DISTRICT TEACHER APPOINTMENT APPELLATE AUTHORITY THROUGH THE DISTRICT MAGISTRATE SITAMARHI 4. THE DISTRICT MAGISTRATE SITAMARHI 5. THE DISTRICT EDUCATION OFFICER SITAMARHI 6. THE DISTRICT SUPERINTENDENT OF EDUCATION SITAMARHI 7. THE BLOCK DEVELOPMENT OFFICER MAJORGANJ, BLOCK, DISTT- SITAMARHI 8. THE BLOCK EDUCATION EXTENSION OFFICER MAJORGANJ, BLOCK- SITAMARHI 9. THE PANCHAYAT SACHIV, GRAM PANCHAYAT RAJ PACHAHARWA, MAJORGANJ, DISTT-SITAMARHI 10. THE HEADMASTER GOVT. PRIMARY SCHOOL BHALUAHAIAN, P.S.MAJORGANJ, DISTT-SITAMARHI 11. RAMCHANDRA PANDEY S/O RAM LAKHAN PANDEY R/O VILL MARPASUPAL, P.O.BASBITA, MAJORGANJ, DISTT-SITAMARHI-------- ----------------------------------RESPONDENTS ----------- 2 28.3.2011 Heard learned counsel for the parties. Annexure-2 is the order passed by the District Teachers Employment Appellate Authority, Sitamarhi. Order is dated 5.5.2010. By virtue of this order appointment of the petitioner on the post of Panchayat Shiksha Mitra has been held to be illegal and the circumstances has been dealt with in the impugned order. A grievance was raised before the appellate authority that the petitioner was initially selected on the post of Panchayat Shiksha Mitra and joined the primary school on 22.2.2006. However since she decided to contest the election of Mukhiya of the Gram Panchayat she tendered her resignation on 3.3.2006 which was duly accepted by the headmaster of the school. She filed her nomination paper before the B.D.O., Majorganj enclosing her resignation letter. It seems that the petitioner after loosing the election of Mukhiya rushed - 2 - back to the school and joined the post and has continued to work in the above circumstance. A complaint however was filed in the above stated background and the case was instituted before the appellate authority, who after hearing the parties did find that the petitioner had tendered her resignation to contest the election of Mukhiya and in the said stated circumstance whether she could go back to the school and join on her own is the question. It is not for the sweet will of a person to tender resignation or join the institution as and when it is convenient to her. There is no material to show as to on what basis she was allowed to join the post after resignation which was accepted earlier. The unilateral joining and continuation as such cannot create a right in favour of the petitioner to hold the post. There are circumstances to show from the impugned order that the petitioner is well connected in the sense that father-in-law of the petitioner had been the out going Mukhiya and that can be the circumstance under which she was allowed to rejoin the post which in the opinion of the Court is totally illegal and contrary to settled law on this issue. The appellate authority has done no wrong in declaring the joining and continuation of the petitioner on the post to be illegal in the facts and circumstances of the case as noticed in the earlier part of the order. This writ application has no merit and it is dismissed. RPS (Ajay Kumar Tripathi,J.)