IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4611 of 2007 1. ARBIND KUMAR RAI son of Bindhyachal Rai, resident of village Jagarnathpur, Block Kuchai Kote, Police Station Gopalpur, district Gopalganj. 2. Pramod Kumar Ojha son of Nawab Ojha, resident of village Charhi Ojha, Block Kuchai Kote, Police Station Gopalpur, District Gopalganj. Versus 1. THE STATE OF BIHAR through the Secretary, Primary Education, Government of Bihar, Patna. 2. The District Magistrate, Gopalganj. 3. The District Superintendent of Education, Gopalganj. 4. The Block Education Extension Officer, Kuchai Kote, P.S. Gopalpur, District Gopalganj. 5. The Block Development officer, Kuchai Kote Block, P.S. Gopalpur, District Gopalganj. 6. The Mukhiya, Sonhula Gokhul Paqnchayat, Block Kuchai Kote, P.S. Gopalpur, District Gopalganj. 7. The Secretary, Sonhula Gokhul Panchayat under Kuchai Kote Block, P.S. Gopalpur, District Gopalganj. ----------- 2 26.10.2010 Having heard counsel for the petitioners and counsel for the State as with regard to the following relief:- “That this writ application is for issuance of a writ in the nature of mandamus directing the respondents to appoint the petitioner as “Shiksha Mitra” in Sonhula Gokhul Panchayat under Kuchai Kote Block in the district of Gopalganj as the petitioners have got higher marks than the persons who have been appointed in Matriculation as well as n intermediate is clear violation of rules and regulations for appointment of Shiksha Mitra and further if the selection list is found illegal and arbitrary it should be quashed.” while this Court would find that the appointment of the petitioners on the post of Shiksha Mitra is no longer possible in view of abolition of such post w.e.f. 1.7.2006, this much must be observed that if the petitioners move the District Teachers Appellate Authority showing any illegality in selection and appointment of such Shiksha Mitra who have now been absorbed 2 as panchayat Shikshak, the same shall be looked into and decided by the concerned District Teachers Appellate Authority after affording opportunity of hearing to the petitioner and also the affected persons whose selection and appointment would be questioned by the petitioners. With the aforementioned observation this application is dismissed. Abhay Kumar ( Mihir Kumar Jha, J.)