IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6226 of 2007 AJIT KUMAR PRASAD s/o Gaya Prasad, resident of village- Mathiya PS- Kesariya, District- East Champaran…… Petitioner. Versus 1. THE STATE OF BIHAR through Secretary, Human Resources Department Govt. of Bihar, New Secretariat, Patna. 2. The Secretary, Primary & Adult Education Department, Bihar, Patna. 3. The District Magistrate, Motihari, East Champaran. 4. The District Superintendent of Education-cum- District Programme Co- ordinator, Sarva Shiksha Abhiyan, East Champaran. 5. The Sub- Divisional Officer, Motihari, East Champaran. 6. Prem Chand Dutt, the Mukhiya-cum- Chairman Selection Committee, Gram Panchayat Raj Mathiya, under kesariya Block, District- East Champaran. 7. Poonam Priya, d/oSunil Kumar, resident of village- Mathiya, PS- Kesariya, District- East Champaran. … Respondents. ----------- 2. 27.10.2010 Heard learned counsel for the parties. The following prayer of the petitioner; “1. (i) For issuance of a writ in the nature of Certiorari for quashing of the selection of Siksha Mitra of Gram Panchayat Raj Mathiya for the year 2005 arising out of Proposal No. 3 taken in the Proceeding dated 3.5.2005 held at Primary School, Derwa under the Chairmanship of Mukhiya (respondent no. 5) as contained in Annexure-6 series whereby and whereunder eight persons were appointed as Siksha Mitra by the Selection Committee Constituted in the light of the letter No. 373 dated 21.4.2005 issued under the signature of District Superintendent of Education- cum- District Programme Co-ordinator Sarva Siksha Abhiyan, East Champaran (Respondent no.4). (ii) For issuance of a writ in the nature of Mandamus directing and commanding the respondents to make 2 appointment to the petitioner against the post of Siksha Mitra under Gram Panchayat Raj Mathiya in the District of Motihari East Champaran as the respondent no. 7 & others person below in the merit list have been appointed on the post of Siksha Mitra in the Gram Panchayat Raj Mathia under Motihari District- East Champaran. (iii) For issuance of a writ in the nature of Mandamus directing and commanding the respondent no. 3 particularly to hold an enquiry and pass necessary order on the petitioner dated 6.5.05 as contained in Annexure-7 to this writ petition in the light of the MemoNo.1748 dated 2.9.05 issued under the signature of Secretary, Primary and Adult Education Govt. of Bihar Patna (respondent no.2) as contained in Annexure-11 to this writ petition. (iv) For issuance of a writ in the nature of Mandamus directing and commanding the respondents to not give salary/monetary benefits to the selected eight Siksha Mitras of Gram Panchayat Raj Mathia including the respondent no. 7 till the enquiry held by the District Magistrate (respondent no.3) or till the disposal of the writ application.” have two facets, one relating to cancellation of selection and appointment of respondent no. 7 on the post of Shiksha Mitra and the other concerning his own appointment and in the changed scenario will have two different results, specially when the post of Shiksha Mitra has been abolished w.e.f. 1.7.2006. The 3 appointment of the petitioner on the post of Shiksha Mitra now cannot be made on account of abolition of the post but then his grievance with regard to alleged illegality in the selection and appointment of respondent no.7 can be still looked into because the respondent no. 7 has also become Panchayat Shikshak in terms of Rules 2006. Since the 2006 rules provide a statutory forum in the form of District Teachers Appellate Authority, the issue relating to alleged illegality in the selection and appointment of respondent no. 7 therefore has to be looked into by the aforesaid statutory authority. In that view of the matter, this writ application is disposed of with a liberty to the petitioner to move the concerned District Teachers Appellate Authority and in the event the petitioner would file such complaint, the same shall be decided by the appellate authority strictly in accordance with law after affording opportunity to the petitioner as well as respondent no. 7. With the aforementioned observations and directions, this writ application is disposed of. Kanchan (Mihir Kumar Jha, J.)