IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13375 of 2006 MANDAN KUMAR S/O-Sri Ram Nandan Singh, R/O-Vill-Dalan Haripur, P.O.-Budhawa, P.S.- Alauli, Distt.-Khagaria. …..Petitioner. Versus 1. The State of Bihar. 2. The Secretary, Primary and Adult Education Department, Bihar, Patna. 3. The District Officer, Khagaria, at Khagaria. 4. The District Superintendent of Education, Khagaria. 5. The Sub-Divisional Officer, Khagaria. 6. The Block Education Extension Officer, Khagaria. 7. The Block Development Officer, Alauli, Khagaria. 8. The Mukhiya, Gram Panchayat, Haripur, Khagaria. 9. The Panchayat Sevak, Gram Panchayat at Haripur, Khagaria. 10. Rupesh Kumar, S/O-Sri Parmanand Thakur, R/O-Vill- Haripur, Post Office-Haripur, P.S.-Alauli, Distt.-Khagaria. …..Respondents. ----------- 2/ 14.07.2009 Heard learned counsel for the petitioner and learned counsel for the State. Learned counsel for the petitioner submits that this writ application has been filed by the petitioner for a direction to the respondents for engagement of the petitioner as Siksha Mitra in the concerned panchayat on account of his selection for the same after disengaging respondent no. 10 who has been wrongly appointed. He points out that an enquiry was made in this regard and the report has already been submitted by the Deputy 2 Development Commissioner, Khagaria and it was found that the said respondent no. 10 Rupesh Kumar was illegally continuing on the post and therefore by annexure – 8 he directed Mukhiya of the Panchayat to remove said Rupesh Kumar and appoint this petitioner on the post. He submits that in spite of the said report and order of the Deputy Development Commissioner, the Mukhiya has not taken steps and therefore, this petitioner has filed a representation before respondent Collector – cum- District Magistrate in the matter, who, he prays, may be directed to consider the representation of the petitioner and pass appropriate orders. Accordingly, this writ application is disposed of with a direction to the Collector –cum- District Magistrate, Khagaria to consider the representation of the petitioner, copy whereof is annexed as Annexure – 6, and look into the records if necessary and pass appropriate orders in the matter within three months from the date of receipt/production of copy of this order. For convenience of the respondent no. 3, petitioner is given liberty to file a fresh representation, if necessary, within one month from today along with copy of the 3 order of this Court. In case respondent Collector does not find any merit in the claim of the petitioner as raised in the representation, he shall assign reasons for the same in his order and communicate it to the petitioner within the said period. It is made clear that this Court has not expressed any opinion with regard to the merits of the claim of the petitioner which has to be considered by respondent no. 3 strictly in accordance with law. DKS/ (J. N. Singh, J.)