IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18531 of 2009 INDU KUMARI D/O SHEO JANAM PRASAD R/O VILL.- PIPRA, P.S.- BARAULI, DISTT.- GOPALGANJ Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA 3. THE DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA 4. THE DIVISIONAL COMMISSIONER SARAN DIVISION AT CHAPRA 5. THE DISTRICT MAGISTRATE GOPALGANJ 6. THE DISTRICT SUPERINTENDENT OF EDUCATION GOPALGANJ 7. THE REGIONAL EDUCATION OFFICER-CUM-ADDITIONAL DISTRICT PROGRAMME COORDINATOR GOPALGANJ 8. THE SUB-DIVISIONAL EDUCATION OFFICER BARAULI, GOPALGANJ 9. THE BLOCK EDUCATION EXTENSION OFFICER BLOCK- BARAULI (GOPALGANJ) 10. THE BLOCK DEVELOPMENT OFFICER null BARAULI, GOPALGANJ 11. THE MUKHIYA, GRAM PANCHAYAT RAJ MAHAMADPUR, NILAMI, P.S.- BARAULI, BLOCK- BARAULI, DISTT.- GOPALGANJ 12. THE PANCHAYAT SECRETARY GRAM PANCHAYAT RAJ, MAHAMADPUR, NILAMI, P.S.- BARAULI, BLOCK- BARAULI, DISTT.- GOPALGANJ 13. KUMARI USHA RAI D/O JAGLAL RAI R/O VILL............................., P.S..................., DISTT........................ ----------- 2/ 27.04.2010 Heard counsel for the petitioner and the counsel appearing for the State. Prayer of the petitioner is for quashing of the appointment letter issued by Mukhiya, Gram Panchayat Raj Mahammadpur Nilami, Block- Barauli, District-Gopalganj, whereby respondent No. 13, Kumari Usha Rai, was appointed as Shiksha Mitra in the year 2005, against the post reserved for extremely backward class. Petitioner’s case is that though she had higher marks than respondent No. 13, her candidature was not considered and respondent No. 13 having lesser marks was appointed. On perusal of the documents annexed with the writ 2 application, I find that petitioner, for the first time, raised her objection before the District Superintendent of Education, Gopalganj, in the year 2008. Prior to that, she never raised her objection before any authority. In the year 2008, instead of raising her objection before the Tribunal, she filed her application before the D.S.E. Gopalganj, who is not competent for passing any order in this regard. The prayer of the petitioner is for quashing of the appointment letter, issued in favour of respondent No. 13 on the post of Panchayat Shiksha Mitra. Respondent No. 13, on 1.7.2006 was absorbed on the post of Panchayat Teacher after coming into force of Bihar Panchayat Teachers (Appointment and Service Conditions) Rules 2006. In the fact and circumstance, the belated objection filed by the petitioner cannot be entertained being time barred. This application is dismissed. Sanjeet/- (Mridula Mishra, J.)