IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14497 of 2005 AWADHRAJ SINGH son of Asheshwar Singh,resident Of Village Nirkhapur P.S.Siswan,Dist.Siwan Versus 1.THE STATE OF BIHAR 2.Secretary-cum-Commissioner,Department of Education,Bihar,patna. 3.District Magistrate,Siwan 4.District Superintendent of Education,Siwan 5.Block Development Officer,Siswan,Siwan. 6.Block Education Extension Officer,Siswan,Siwan 7.Mukhiya,Gram Panchayat,Gyaspur,Siswan,Siwan. ----------- 4 17.2.2009. Heard counsel for the petitioner and the State. Petitioner’s grievance is that his appointment on the post of Panchayat Siksha Mitra has been cancelled by the order contained in letter no. 04 dated 13.5.2005, issued by the Mukhia Gram Panchayat,Gyaspur, Siwan for the reason which has no application in this case. Petitioner’s prayer is for quashing the order contained in letter no.04 dated 13.5.2005. It is not in dispute that an advertisement was published for appointment of Panchayat Siksha Mitra for Gram Panchayat,Gyaspur. The appointment was to be made as per the Government resolution dated 11.8.2004 issued by the department of Primary Secondary Education, Government of Bihar. As per this resolution the applicants should be the resident of same Panchayat for which minimum qualification was Intermediate with 45% marks and the age of the applicants in the relevant year in which appointment is to be made should not be more than 30 years on 1st January of that year. Petitioner’s date of birth as per matriculation certificate is 1.7.1974. He applied for the post of Panchayat Siksha 2 Mitra on 21.9.2004. On the date of filing application, petitioner’s age was less than 30 years and he also fulfilled all other requisite criteria for appointment on the post of Panchayat Siksha Mitra. He was selected/appointed and directed to join in the Primary School,Gyaspur. Petitioner joined on 10.5.2005 in the school where he was posted. Suddenly by the impugned order the Mukhia of concerned gram panchayat has cancelled petitioner’s appointment. Counter affidavit has been filed on behalf of respondent nos.3,4,5 and 6 wherein it is admitted that the petitioners had applied for the post on 21.9.2004, but further it is stated that due to stay order passed by the High Court selection of the candidate on the post of Panchayat Siksha Mitra remain stayed in the year 2004. Appointment was made in the year 2005. On the date of appointment the petitioner had already crossed 30 years in January,2005. I find that the impugned order is completely in violation of guidelines for appointment of Panchayat Siksha Mitra. It only says thaton 1st January of the concerned year in which the appointment is going to be made, the applicant should not be of more than 30 years. Admittedly the petitioner was not more than 30 years of age on 1.1.2004. Considering the aforesaid fact, the impugned order contained in letter no.04 dated 13.5.2005 issued by Mukhiya, Gram Panchayat,Gyaspur canceling the petitioner’s appointment as Panchayat Siksha Mitra is quashed. Respondents 5,6 and 7 are directed to reinstate the petitioner on the post of Panchayat Siksha 3 Mitra forthwith and then give benefit of absorption as panchayat teachers on account of his working on the post of Siksha Mitra as provided under Rule 20 of Panchayat Primary Teachers (appointment and service conditions) rules. Petitioner should be absorved on the post of Panchayat teachers with all consequential benefits including his salary. The order should be passed by the respondents within six weeks from the date of receipt/communication of this order. Sss/- (Mridula Mishra, J)