IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.623 of 2009 Harendra Ram son of Bihari Ram resident of village Madhavpur, P.S.- Bikramganj, Distt.-Rohtas. …….Petitioner/Appellant. Versus 1. The State of Bihar through Principal Secretary, Human Resources Development Department, Bihar, Vikash Bhawan, Patna. 2. The Director, Primary Education, Bihar, Vikash Bhawan, Patna. 3. The District Magistrate, Rohtas at Sasaram. 4. The District Superintendent of Education, Rohtas at Sasaram. 5. The Area Officer, Rohtas at Sasaram. 6. The Block Development Officer, Bikramganj, Dist.-Bhojpur (Ara) 7. The Block Education Extension Officer, Bikramganj, Dist. Bhojpur (Ara). 8. The Mukhiya of Manpur Panchayat Distt. Rohtas. 9. The Panchayat Secretary Manpur Panchayat Rohtas at Sasaram. …….Respondents/Respondents. ----------------- 04. 10.07.2009 Heard the parties. The post of Shiksha Mitra against which the appellant applied for appointment in the year 2005 was initially available only for eleven months and there was no right in the appointee to claim renewal. Subsequently the post has been renamed as Panchayat Shikshak and as per the policy of the State the old appointee of the year 2005 on the post of Shiksha Mitra is now continuing as Panchayat Shikshak with effect from 01.07.2006. The writ court has rightly held that it may not be possible to grant relief to the petitioner by ordering for his exclusive - 2 - consideration for that post and if the earlier appointee is found to be illegally or invalidly appointed the authorities may be justified in making a fresh selection on the post of Panchayat Shikshak in accordance with law. It goes without saying that if the present incumbent is found to be invalidly appointed and if the writ-petitioner is eligible he may apply. The writ court has made an observation that if the appointment in question was irregularly made in the year 2005 and now the appointee has become Panchayat Shikshak, the concerned authorities may complete the inquiry in respect of alleged illegalities/irregularities in the appointment of Shiksha Mitra and take a final decision in the matter in accordance with law. Learned counsel for the State has submitted that now under the scheme a Board has been constituted to look into such illegalities or irregularities hence any direction to hold inquiry and pass final order must be directed to be done by such Board only. In view of such submission, the competent authority or the Board in question is directed to consider all - 3 - the materials which may be produced by the writ-petitioner along with a copy of his earlier petitions. A final decision should be taken expeditiously preferably within a period of three months from the date of production and communication of this order before the concerned authority/Board. The appeal is disposed of. Vikash/- (Shiva Kirti Singh, J.) (Anjana Prakash, J.)