IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4193 of 2007 1. ARVIND SHARMA, son of Shri Ramasharay Sharma 2. Sharma Sharan Prasad, son of Shri Bachu Sah Both are resident of village Ojha Tola Dudhiawa Sareya, P.S. + Anchal Paharpur, District East Champaran ... Petitioners Versus 1. THE STATE OF BIHAR 2. The Secretary, Department of Primary and Adult Education, Government of Bihar, Patna 3. The District Magistrate East Champaran, Motihari 4. The District Education Officer, East Champaran, Motihari 5. The District Superintendent of Education, East Champaran, Motihari 6. The Mukhiya, Gram Panchayat, Purvi Sareya, East Champaran, Motihari ... Respondents ----------- 2. 26.10.2010 Having heard counsel for the petitioners and the counsel for the State in respect of the following relief: “This application is being filed for issuance of a writ in the nature of certiorari quashing part of the order dated 2.2.2007 passed by respondent no.3 District Magistrate, East Champaran, Motihari in Miscellaneous Case No. 10/06 by which the Respondent District Magistrate has issued a direction to make fresh appointment on the post of Panchayat Shikshaks ignoring the claim of the petitioners who are legally entitled to get appointed after cancellation of illegal appointments. The petitioners also 2 seek the issuance of a writ/ direction to appoint the petitioners on the post of Siksha Mitra in Gram Panchayat Raj Purvi Sareya East Champaran, Motihari.” it is found that earlier illegalities having been noticed in the appointment of Shiksha Mitra, the Collector of the District had cancelled such illegal appointments, but then the petitioners cannot now be appointed on the resultant vacancy on the post of Shiksha Mitra, inasmuch as the post of Shiksha Mitra itself has been abolished with effect from 1.7.2006. The submission of the learned counsel for the petitioners that had these illegal appointments been not made which were cancelled by the order of the Collector of the District dated 2.2.2007, the petitioners could have been appointed on the post of Shiksha Mitra and could have also been absorbed on the post of Panchayat Shikshak, is to be noted for its being rejected. The appointment on the post of Panchayat Shikshak has to be made as per provisions made in 2006 Rules and since the petitioners were not working on 30.6.2006 on 3 the post of Shiksha Mitra they cannot be absorbed in view of the provisions made in 2006 Rules. The vacancies, which have arisen on the post of Panchayat Shikshak will have to be filled up in terms of the provisions made in 2006 Rules where the petitioners and others may have only a right of being considered. With the aforementioned observation and direction, this application is dismissed. (Mihir Kumar Jha,J.) Surendra/