IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4505 of 2007 REKHA KUMAR, D/O Sri Braj Bhuban Prasad, W/O Sri Arbind Das, Permanent resident of villge Tetriya, P.O.Shyam Nagar Neema, Mahuawan, under Block Aamas, P.S. Amas, District Gaya. Versus 1. THE STATE OF BIHAR 2. Secretary & Commissioner, Department of Secondary, Primary and Adult Education, Government of Bihar, Patna. 3. District Magistrate Cum Collector, Gaya. 4. District Superintendent of Education, Gaya. 5. Block Education Extension Officer, Aamas, in the district of Gaya. 6. Mukhiya, Gram Panchayat Mahuawan, P.S. Aamas, district Gaya. 7. Mukhiya Cum Chairman Selection Committee Sukh Subidha Samiti, Gram Panchayat Mahuawan, P.S. Aamas, District Gaya. 8. Meena Kumari, W/o Sri Kamta Prasad, Permanent resident of village4 Lidipur, P.S. Goh, district Aurangabad, presently working as Panchayat Shiksha Mitra in Utkramit (elevated) Middle School, Mahuawan, P.S. Aamas, District Gaya. 9. Dhaneshwari Kumari, W/o of not known, Head-mistress, Utkramit (elevated) Middle School, Mahuawan, P.S. Aamas, District Gaya. ----------- 2 26.10.2010 Having heard Mr. Anjani Kumar, learned counsel for the petitioner and counsel for the State as with regard to the following relief:- “(i)For issuance of writ in the nature of mandamus commanding the respondents to produce the appointment letter of private respondent no.8 Meena Kumari as Panchayat Shiksha Mitra at Utkramit (elevated Middle School, Mahuawan, under Block and P.S. Amas, in the district of Gaya. (ii)For issuance of writ in the nature of certiorari for quashing the appointment of private respondent no.8 Meena Kumari as Panchayat Shiksha Mitra at Utkramit (elevated) Middle School, Mahuawan, P.S. Amas, in the district of Gaya. (iii)For issuance of writ in the nature of mandamus commanding the respondents to appoint the petitioner as Panchayat Shiksha Mitra at Utkramit (elevated) Middle School, Mahuawan, P.S. Amas, district Gaya, in place of respondent no.8 Meena 2 Kumari, thereafter to allow the petitioner to discharge her duties without any hindrance. (iv)For issuance of writ in the nature of mandamus commanding the respondent authorities to take action against respondent no.9 Dhaneshwari Kumari who in the capacity of Head-mistress, Utkramit (elevated) Middle School, Mahuawan, P.S.Amas, district Gaya, has participated in the proceedings of selection and appointment of private respondent no.8 Meena Kumari as Panchayat Shiksha Mitra who is own sister of Dhaneshwari Kumari respondent no.9 and to initiate departmental proceeding and to proceed further in the departmental proceeding and punish her because out of malafide intention respondent no.8 has been appointed.” while there would be no difficulty in appreciating the grievance of the petitioner as against selection and appointment of respondent no.8, but then as the post of Shiksha Mitra stands abolished w.e.f. 1.7.2006 she cannot be now appointed as a Shiksha Mitra. Rest of the grievance of the petitioner that there was illegality in the selection and appointment of respondent no.8, can be still looked into by the District Teachers Authority, inasmuch as, if on the basis of such illegal appointment the respondent no.8 has been absorbed on the post of Panchayat Shikshak, the same can still be gone into by the Authority. That being so, if the petitioner would approach the District Teachers Appellate Authority and would produce the relevant materials/evidence including Annexure-6 to the writ application, enquiry report of the B.D.O. concerned, the Authority shall pass its order as with regard to alleged illegality in selection and appointment of respondent no.8 in accordance with law, but 3 only after giving notice and/or opportunity of hearing to the petitioner and respondent no.8. With the aforementioned observation and liberty this application is dismissed. Abhay Kumar ( Mihir Kumar Jha, J.)