IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3043 of 2010 LAXMAN PASWAN S/O LATE MUNNI PASWAN R/O VILL JALWARA, P.S.KEOTI, DISTT-DARBHANGA. Versus 1. THE STATE OF BIHAR. 2. THE DISTRICT MAGISTRATE DARBHANGA. 3. THE DISTRICT SUPRINTENDENT OF EDUCATION DARBHANGA. 4. THE BLOCK EDUCATION OFFICER-CUM-DY. DISTRICT SUPERINTENDENT OF EDUCATION, DARBHANGA. 5. THE SUB-DIVISIONAL EDUCATION OFFICER SADAR,DISTT- DARBHANGA. 6. PANCHAYAT SECRETARY JALWARA PANCHAYAT,P.S.KEOTI,DISTT-DARBHANGA. 7. MUKHIYA JALWARA PANCHAYAT ,P.S.KEOTI,DISTT- DARBHANGA. 8. MADAN KUMAR S/O SHIV NANDAN MAHTO R/O VILL JALWARA,P.S.KEOTI,DISTT-DARBHANGA. 9. DISTRICT PRIMARY TEACHERS APPOINTMENT AUTHORITY THROUGH ITS MEMBER DARBHANGA. ----------- 02. 13.12.2010 Failure of the petitioner to demonstrate before this Court any policy or law which bars appointment of a person more so as a Shiksha Mitra merely because of pendency of a criminal case does not help the petitioner in any manner to dislodge respondent No.8 from the post in question. Pendency of a criminal case by itself may not be enough to prevent such appointment but if such a person is convicted by a court of law the necessary corollary will follow. Despite indulgence shown to the petitioner he has not been able to satisfy this Court by producing any policy or law and in that view of the matter the Court has no option but to dismiss the writ application. The new contention that respondent No.8 has found engagement or employment as a Shiksha Mitra is another issue. If respondent No.8 does not want to continue on the post of teacher in 2 question, then it is left to the authorities to decide what they would like to consider with regard to the vacancy and this ground may not be a good ground to set aside the selection or appointment of respondent No.8. The writ has no merit. It is dismissed. rkp ( Ajay Kumar Tripathi, J.)