IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6306 of 2007 KUMARI DEEPA, D/O Sri Narendra Kumar Singh, R/O Village Raghopur, P.S. Bibhutipur, District- Samastipur. ------Petitioner Versus 1. THE STATE OF BIHAR. 2. The Secretary, Department of Primary and Adult Education, Government of Bihar, New Secretariat, Patna. 3. The commissioner, Darbhanga Division, Darbhanga. 4. The Collector-cum-District Magistrate, Samastipur. 5. The District Superintendent of Education, Samastipur. 6. The Block Education Extention Officer, Bibhutipur, District- Samastipur. 7. The Sub-Divisional Officer, Rosera, District-Samastipur. 8. The Block Development Officer, Bibhutipur, District- Samastipur. 9. Gram Panchayat Raj Khas Tabhka North, Block- Bibhutipur, District-Samastipur through its Mukhiya. 10. The Mukhiya, Gram Panchayat Raj Khas Tabhka North, Block- Bibhutipur, District- Samastipur. 11. The Panchayat Sachiv, Gram Panchayat Raj Khas Tabhka North, Block- Bibhutipur, District- Samastipur. 12. Kavita Devi, W/O Mukesh Kumar Thakur, presently working as Panchayat Shiksha Mitra, Madhya Vidyalaya Raghopur, P.S. Bibhutipur, District- Samastipur. 13. Poji Devi, W/O Ghanshyam Prasad Singh, presently working as panchayat Shiksha Mitra, Madhya Vidyalaya Raghopur, P.S. Bibhutipur, District- Samastipur. 14. Navvo Choudhary, S/O Ram Jhoolan Choudhary, Panchayat Shiksha Mitra, Madhya Vidyalaya, Raghopur,P.S. Bibhutipur, District- Samastipur. 15. Jitendra Kumar Jha. S/O Shambhu Nath Jha, R/O Village Dih Tabhka, P.S. Bibhutipur, District- Samastipur, presently working as Panchayat Shiksha Mitra, Primary School, Korbadha Tabhka, P.S. Bibhutipur, District- Samastipur. …………..Respondents. ----------- 2. 27.10.2010 Having heard counsel for the petitioner and counsel for the State as with regard to the following reliefs: 2 “(i) for commanding the respondents to forth with issue letter of appointment to the petitioner appointing her to the post of Panchayat Shiksha Mitra in Gram Panchayat Raj Khas Tabhka North, Block- Bibhutipur, District- Samastipur in pursuance to the inquiry made by the Collector, Samastipur (respondent no. 4) culminating in his order as contained in his letter no. 1188/Sarva Shiksha dated 14.12.2006 wherein after having found that the petitioner who was the most meritorious candidate had illegally and fraudulently been denied appointment to the post of Panchayat Shiksha Mitra, he directed the Mukhiya and Sachiv of the aforesaid Gram Panchayat Raj Khas Tabhka North, Bibhutipur, District- Samastipur to appoint the petitioner. (ii) for commanding the respondents to produce the letters of appointment of respondent nos. 12 to 15 before this Hon’ble Court as also the other materials in respect to their selection as Panchayat Shiksha Mitra in the aforesaid Gram Panchayat in pursuance to the applications made in April 2005 and to quash the same.” this Court is of the considered opinion that so far as the appointment of the petitioner on Panchayat Shiksha Mitra, is concerned, the same is not permissible in view of the abolition of the post with effect from 1.7.2006. However, as with regard to alleged anomaly in selection of respondent Nos. 12 to 15 the same could be made subject matter of a complain before the District Teachers Appellate Authority which under 2006 Rules has been vested power and jurisdiction to look into the 3 engagement on the post of Shiksha Mitra which has led to their absorption on the post of Panchayat Shikshak w.e.f. 1.7.2006. In that view of the matter this Court would liberty to the petitioner to approach the concerned Authority which shall decide the matter on merit in accordance with law after giving opportunity in hearing to the petitioner and the respondent Nos. 12 to 15 and without going into question of limitation inasmuch as this writ petition had remained pending before this Court w.e.f 14.5.2007. With the aforementioned observation and direction this application is disposed of. Anand Kr./Prakash ( Mihir Kumar Jha, J.)