IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1317 of 2007 KUMARI SUNITA wife of Binod Sah and daughter of Sharda Sash, Resident of village and P.O. Hussepur, P.S. and Prakhand Bhorey, District Gopalganj. 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 Extention Officer (Prakhand Shiksha Prasar Padadhikari), Bhorey, District Gopalganj. 7. Gram Panchayat Raj Husseper Prakhand Bhorey, District Gopalganj, through its Mukhiya. 8. Mukhiya, Gram Panchayat Raj Hussepur, Block Bhorey, District Gopalganj. 9. Secretary Cum Panchayat sewak, Gram Panchayat Raj Hussepur, Block Bhorey, Gopalganj. 10. Vijaya Luxmi daughter of Shambhu Nath Tiwari, 11. Smt. Sandhya Tripathi wife of Ajay Kumar Tripathi. Both resident of village Tiwari Chakiya (Noniya Chhaper), P.S. and Prakhand- Bhorey, District Gopalganj. ----------- 2 31.08.2010 Having heard counsel for the petitioner and the counsel for the State in respect of following relief, “That this is an application for issuance of writ in the nature of certiorari to quash the selection of private respondents whose names are mentioned in selection list at serial No.15 and 16 as contained in Annexre-3 and also for issuance of direction/ order commanding the respondents authority to select the petitioner on the post of Panchayat Shiksha Mitra.” while this Court would find it difficult to grant any relief by way of a direction for appointment of the petitioner on the post of Siksha Mitra, inasmuch as, such post of Siksha Mitra stood abolished w.e.f. 1.7.2006, whereas, this writ application was filed on 1.2.2007. This Court would, however, give liberty to the 2 petitioner to approach the District Teachers Appellate Authority, Gopalganj hereinafter referred to as the Authority as with regard the alleged illegality in the selection and appointment of respondent nos. 10 and 11. In the event the petitioner would approach the Collector of the district by filing a fresh representation confining his grievance of illegality in the selection and appointment of respondent nos. 10 and 11, the Authority after issuing notice and also extending an opportunity of hearing to respondent nos. 10 and 11 would take its final decision in the matter of their initial engagement as Siksha Mitra and the consequential conversion/absorption on the post of Panchayat Shikshak. It is made clear that this Court has expressed no opinion on the alleged illegality in the selection/appointment of respondent nos. 10 and 11 which has to be decided by the Authority in accordance with the circular/policy decision which was in vogue at the time of their engagement/appointment on the post of Siksha Mitra. It is also made clear that if the Authority comes to a conclusion that the selection and appointment of respondent nos. 10 and 11 or any one of them was illegal, it will pass appropriate order canceling such selection and appointment of the concerned respondent, whereafter the vacancies created on account of such cancellation of their appointment on the post of Panchayat Sikshak, shall be filled up in accordance with 2006 Rules meant for filling up the post of Panchayat Shikshak. 3 With the aforementioned observation/direction this application is disposed of. Abhay Kumar ( Mihir Kumar Jha, J.)