IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11742 of 2006 1. Chandrama Prasad Singh, S/o Sri Ram Nagina Prasad Singh. 2. Shesh Nath Prasad Singh, S/o Sri Bhuwal Prasad Singh. 3. Lakshman Sharma, S/o Sri Shankar Sharma. All resident of Village Atarsen, P.O. Atarson, P.S. Rasulpur, Block Ekma, District Chapra, Saran. -------- Petitioners Versus 1. The State of Bihar through the Director, Human Resources Development Department, Govt. of Bihar, Patna. 2. The Secretary, Primary and Adult Education Department, Government of Bihar, Patna. 3. The Collector-cum-District Magistrate, Chhapra, Saran. 4. The District Superintendent of Education, Chhapra. 5. The Block Development Officer, Ekma-2, Block Ekma, Chhapra. 6. The Block Education Extension Officer, Ekma-2, Chhapra. 7. The Mukhia, Gram Panchayat Raj, Atarson, Block Ekma-2, District Chhapra. 8. The Secretary, Gram Panchayat Raj, Atarson, Ekma-2, Chhapra. 9. The Head Master, Middle School, Atarson, Ekma-2, Chhapra. 10. Maya Devi, W/o Diwakar Bharti, Resident of Village Shiwari, Mathia, Gram panchayat Raj Atarsan, P.S. Rasulpur, District Chhapra. 11. Suresh Yadav, S/o Arjun Yadav, Resident of Village Atarsan Tola Medu Chhapra, Gram Panchayat Raj, Atarsan, P.S. Rasulpur, Block Ekma-2, District Chhapra. 12. Asha Devi, W/o Niranjan Singh, Resident of Village Atarsan, P.S. Rasulpur, Panchayat Raj Atarsan Block-Ekma-2, District Chhapra. --------- Respondents ----------- 2 31.08.2010 Having heard learned counsel for the petitioners and counsel for the State as also taking into consideration the prayer made in paragraph no.1 of this writ application reading as follows:- “1. That writ application is being filed for issuance of writ of certiorari quashing the appointment 2 of Respondent no.10, 11 and 12 as Shiksha Mitra now Panchayat Shiksha, in the year 2003 and also giving them extension in subsequent years (the appointment letters of respondents no. 10, 11 and 12 were/are not made available to the petitoiners by any of the authorities including the Mukhia and Secretary of the Gram Panchayat) being illegal, arbitrary in violation of guide lines issued by respondents No.1 in 2002, and amended guide line issued by him in 2004, against the principles of natural Justice and violation of Article 14 and 16 of the Constitution of India. And further for issuance of a writ of mandamus or any other appropriate writ/order/directions to the commanding the respondents No.1 to 9 particularly respondents No.7 and 8 to appoint the petitioners as Shiksha Mitra now Panchayat Shikshak in place of Respondents No.10, 11 and 12 with effect from the date which they were illegally, arbitrarily appointed as Shiksha Mitra in the year, 2003.” this Court would hold that so far the relief of appointment of the petitioners on the post of Shiksha Mitra is concerned, that cannot be given to the petitioners on account of 3 abolition of the post with effect from 1.7.2006. The remaining issue as with regard to the illegality in the appointment of the respondent nos. 10, 11 & 12 may still be raised by the petitioners by filing a representation before the Collector of the district, who in the event after giving notice and opportunity of hearing to the respondent nos. 10, 11 & 12 would find their appointment to be illegal, he would cancel their appointment on the post of Shiksha Mitra-cum-Panchayak Shikshak and in that event, the post occupied by the respondent nos. 10, 11 & 12 shall be deemed to have been vacant for its being filled up in accordance with 2006 Rules. Let it be made clear that this Court has not expressed any opinion on such claim of the petitioners with regard to the illegality in the appointment of the respondent nos. 10, 11 & 12, which must be gone into by the Collector of the district strictly in accordance with law and in the light of the Government policy decision, which was in vogue on the date on which the 4 respondent nos. 10, 11 & 12 were appointed initially as Shiksha Mitra. With the aforementioned observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)