IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5660 of 2007 Jai Nandan Kumar, Son of Sri Bhikhari Sah, Resident of Village Chakbhikhi, P.S. Maniyari, Districts Muzaffarpur. -------- Petitioner Versus 1. The State of Bihar. 2. The Commissioner-cum-Secretary, Human Resource Development, Government of Bihar, Patna. 3. The Commissioner, Tirhut Division, Muzaffarpur. 4. The District Magistrate, Muzaffarpur. 5. The District Programme Co-ordinator, Bihar Education Project, Muzaffarpur. 6. The District Superintendent of Education, Muzaffarpur. 7. The Block Development Officer, Kurhani, Muzaffarpur. 8. The Mukhiya, Gram panchayat Madhopur Susta, Kurhani, District Muzaffarpur. 9. The Panchayat Secretary, Gram Panchayat Madhopur Susta, Kurhani, District Muzaffarpur. --------- Respondents ----------- 2 27.10.2010 Having heard learned counsel for the petitioner and counsel for the State as also taking into account that the following prayer in this writ application is in two fold; namely:- “1. That this is an application for issuance of a writ in the nature of a writ of mandamus, or any other appropriate writ order, direction commanding the Respondent No.4 to act upon the report dated 09.09.2005, (Annexure-3) issued under the signature of Respondent No.7. The Petitioner further prays for a writ of mandamus commanding the Respondents to appoint the 2 Petitioner, as Panchayat Shiksha Mitra, in view of the aforesaid enquiry report.” namely, a direction for selection and appointment of the petitioner as also for cancellation of the appointment of one Surendra Kumar Rai, this Court must hold that the first part of the relief has become infructuous on account of abolition of the post of Shiksha Mitra with effect from 1.7.2006. The petitioner, however, still has liberty to move the concerned District Teachers Appellate Authority for assailing the selection and appointment of Surendra Kumar Rai on the post of Shiksha Mitra, inasmuch as, it is such appointment which has now resulted into his absorption on the post of Panchayat Shikshak. In that view of the matter, if the petitioner would move the Appellate Authority by way of filing his complaint as with regard to the alleged illegality and would also produce any evidence including the one disclosed in the counter affidavit filed by the respondent District Superintendent of Education, the same shall be considered and 3 decided on merit strictly in accordance with law by the said Authority but only after affording an opportunity of hearing to the petitioner as also aforesaid Surendra Kumar Rai. With the aforementioned observation and liberty, this application is disposed of. Rsh (Mihir Kumar Jha, J.)