IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5253 of 2007 1. SUMAN KUMARI, D/o Sri Bimal Kumar Thakur 2. Pranav Kumar Thakur, son of Sri Bimal Kumar Thakur Both are residents of village Mahmadpur Deopar, P.S. Pusa, District Samastipur ... Petitioners Versus 1. THE STATE OF BIHAR 2. The Secretary, Primary and Adult Education, Govt. of Bihar, New secretariat, Patna-1 3. The District Magistrate, Samastipur 4. The District Superintendent of Education, Samastipur 5. The Block Development Officer, Pusa Block, District Samastipur 6. The Block Education Extension Officer, Pusa Block, District Samastipur 7. The Mukhiya, Gram Panchayat Raj Mahammadpur Deopar, P.S. Pusa, Post Pusa, District Samastipur 8. The Panchayat Secretary, Gram Panchayat Raj Mahmadpur Deopar, P.S. Pusa, Post Pusa, District Samastipur ... Respondents ----------- 2. 27.10.2010 Having heard counsel for the petitioners and the counsel for the State as also taking into account the following relief: “I) For issuance of a writ in the nature of mandamus commanding the respondents concern to make an enquiry with respect to the illegality and irregularity done by the respondents concern in the selection and appointments of „Shiksha Mitra‟ in 2005 in gram Panchayat Raj Mahmadpur Deopar situated in Pusa Block in the district of Samastipur in 2 accordance with law since the same has not been done by the respondents concern till date inspite of the repeated representations filed on behalf of the petitioners before the higher respondents concern for the same. II) For a direction to the respondents concern to select and appoint the petitioners on the posts of Shiksha Mitra or Panchayat Shikshak in Gram Panchayat Raj Mahmadpur Deopar situated in Pusa Block in the district of Samastipur in accordance with law after doing the due enquiry of the illegality and irregularity done in the selection process of the Shiksha Mitra in 2005 by the respondents concern in the facts and circumstances of the case.” while this Court is of the view that now the petitioners cannot be appointed on the post of Shiksha Mitra in view of abolition of the said post with effect from 1.7.2006, their grievance as with regard to illegality in the appointment of others vide office order dated 9.5.2005 on the post of Panchayat Shiksha Mitra can still be gone into by the District Teachers Appellate Authority, inasmuch as such persons have now become 3 Panchayat Teacher in view of 2006 Rules. The petitioners, therefore, may approach the District Teachers Appellate Authority which would decide the matter strictly in accordance with law after giving opportunity of hearing to the petitioners and any other person whose appointment would be assailed by the petitioners. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/