IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1207 of 2009 SUSHMA KUMARI, WIFE OF SHRI MAHESH CHAUDHARY, RESIDENT OF VILLAGE – JAHAGIRPUR SALKHANI, POLICE STATION MAHUA, DISTRICT – VAISHALI ………… PETITIONER. Versus 1. THE STATE OF BIAHR, THROUGH THE SECRETARY, DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT, BIHAR, NEW SECRETARIAT, PATNA. 2. THE DIRECTOR, PRIMARY EDUCATION, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA. 3. THE DISTRICT SUPERINTENDENT OF EDUCATION, VAISHALI, AT HAJIPUR, DISTRICT – VAISHALI. 4. THE DISTRICT MAGISTRATE, VAISHALI AT HAJIPUR, DISTRICT – VAISHALI. 5. THE BLOCK DEVELOPMENT OFFICER, AAND, POST OFFICE MAHUA, DISTRICT – VAISHALI. 6. THE BLOCK EDUCATION EXTENSION OFFICER, MAHUA, DISTRICT – VAISHALI. 7. THE MUKHIYA, PANCHAYAT RAJ JAHANGIRPUR SALKHANI PANCHAYAT, POST OFFICE – MAHUA, DISTRICT – VAISHALI. ……………. RESPONDENTS. With CWJC No.9990 of 2009 SIDDHI KUMARI, WIFE OF SHREE RAJESH KINKAR, RESIDENT OF VILLAGE- JAHANGIRPUR, SALKHANI, P.S. MAHUA, DISTRICT – VAISHALI. ………….. PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT, BIHAR, PATNA. 3. THE DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA. 4. THE DISTRICT MAGISTRATE, VAISHALI. 5. THE DISTRICT SUPERINTENDENT OF EDUCATIN, VAISHALI. 6. STHE BLOCK EDUCATION AND EXTENSION OFFICER, MAHUA, DISTRICT – VAISHALI. 7. THE MUKHIYA, JAHANGIRPUR SALKHANI PANCHAYAT MAHUA, VAISHALI. 8. THE PANCHAYAT SECRETARY, JAHANGIRPUR SALKHANI PANCHAYAT, MAHUA, VAISHALI. …………. RESPONDENTS. ----------- 02/ 24.06.2011 Prayer of the petitioner Sushma Kumari is for quashing of the order dated 27.6.2008, whereby her engagement as Siksha Mitra has not been renewed. Petitioner’s grievance is that as her engagement was not renewed she could not be 2 appointed as Panchayat teacher. Prayer of the petitioner Siddhi Kumari is for quashing of the order contained in Memo No. 2281 dated 17.7.2009, whereby her appointment on the post of Siksha Miatra has been cancelled. Sushma Kumari was engaged as Panchayat Shiksha Mitra for two terms. On the third occasion, she did not apply for the post as she was in custody, in connection with a Police case instituted under Section 302 and other allied sections of the I.P.C. Sushma Kumari, when came out on bail, started making communications, also filed writ application, which was disposed of giving direction to District Magistrate, Vaishali to consider her representation. The District Magistrate, Vaishali has rejected her claim, as she could not have been selected, at the relevant time, in absence of any application for appointment. She was in jail and that was another reason for not being selected for the post of Panchayat Shiksha Mitra. So far Siddhi Kumari’s case, she was selected for the post of Shiksha Mitra, against the post 3 held by Sushma Kumari, when she was in custody. In the year 2005 she was appointed from the panel of 2003, completely in violation of guideline/circular of Govt. Impugned orders, under challenge in both the writ applications, have been passed for good and valid reasons. Now, there is no post of Panchayat Shiksha Mitra, against which, petitioners can claim for their appointment. Both these writ applications are dismissed. DKS/ (Mridula Mishra, J.)