IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1617 of 2007 SAROJ DEVI wife of Jay Prakash Prasad, resident of village- Hussepur Navkatola, P. S. and Prakhand- Bhorey, District- Gopalganj. … Petitioner. Versus 1. THE STATE OF BIHAR 2. The Secretary Cum Commissioner, Department of Human Resources, Development Government of Bihar, Patna. 3. Zila Padadhikari (Collector) Gopalganj. 4. District Superintendent of Education, Gopalganj. 5. Block Development Officer ( Prakhand Vikas Padadhikari), Bhorey, District- Gopalganj. 6. Block Education Extension Officer(Prakhand Shiksha Prasad Padadhikari), Bhorey, District- Gopalganj. 7. Gram Panchayat Raj Hussepur Prakhand Bhorey, District- Gopalganj through its Mukhiya. 8. Mukhoya, Gram Panchayat Raj Hussepur, Block Bhorey, District- Gopalganj. 9. Secretary cum- Panchayat Sewak, Gram Panchayat Raj Hussepur, Block- Bhorey, Gopalganj. 10. Smt. Sanjhya Tripathi wife of Ajay Kumar Tripathi. 11. Vijaya, Luxmi daughter of Shambhu Nath Tiwari, both resident of village- Tiwarichakiya. (Noniya Chhaper), P. S. and Prakhand- Bhorey, District- Gopalganj. …Respondents. ----------- 2 31.08.2010 Having heard counsel for the petitioner and counsel for the State as also taking into account the following prayer of the petitioner in this writ application; “1. That this is an application for issuance of writ in the nature of Certiorari quash the selection of Private respondents whose names are mentioned in selection list at serial no. 15 and 16 contained in Annexure-3 and also for issuance of direction/ order commanding the respondents authority to select the petitioner on the post of panchyat shiksha Mitra on amongst 2 others.” this Court must hold that the prayer of the petitioner now for his being appointed on the post of Shiksha Mitra has definitely become infructuous inasmuch as the post of Shiksha Mitra stands abolished w.e.f. 1.7.2006 whereas this writ application was filed on 7.2.2007. The rest of the grievance of the petitioner as with regard to illegality in the selection and appointment of respondent nos. 10 and 11 on the post of Shiksha Mitra and their eventual absorption on the post of Panchayat Shikshak can still be gone into by the District Teachers Appellate Authority, Gopalganj and therefore if the petitioner would file his complaint in this regard, the same would be considered and decided by the Authority strictly in accordance with law. Any adverse decision detrimental to the interest of respondent nos. 10 and 11 would however be taken only after giving them notice and/or opportunity of hearing and in the event the Authority would find that the selection and appointment of respondent no. 10 and 11 was bad, it will have jurisdiction and power not only to cancel their such appointment but also issue a direction to competent authority for filling up 3 the resultant vacant posts of Panchayat Shikshak in terms of Bihar Panchayat Shikshak (Appointment Sevashart) Niyamabali 2006. With the aforementioned observations and directions, this writ application is disposed of. kanchan (Mihir Kumar Jha, J.)