IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4952 of 2007 KARUNAKAR KUMAR SINGH, son of Sri Ram Kinkar Singh, resident of village Manik Chauk, Kamaldah, P.S. Runni Saidpur, District Sitamarhi ... Petitioner Versus 1. THE STATE OF BIHAR 2. The Secretary, Human Resources Development Department, Govt. of Bihar, Patna 3. The Director, Panchayati Raj, Govt. of Bihar, Patna 4. The District Magistrate, Sitamarhi 5. The District Superintendent of Education, Sitamarhi 6. The Block Development Officer, Runnisaidpur, Sitamarhi 7. The Mukhiya, Gram Panchayat Manik Chauk (North), P.S. Runnisaidpur, District Sitamarhi 8. The Panchayat Sewak, Gram Panchayat Manik Chauk (North) Secretary to Mukhiya of Gram Panchayat Manik Chauk (North), Sitamarhi 9. Sri Hariu Kishore Singh, resident of village Harsinghpur, Kamaldah, P.O. Manik Chauk (North), P.S. Runnisaidpur, District Sitamarhi ... Respondents ----------- 2. 27.10.2010 Having heard counsel for the petitioner and the counsel for the State as with regard to the following relief: “I. For issuance of writ/writs, order/orders, direction/directions commanding upon the respondents to quash the merit cum seniority list published on 13.5.2005 for appointment of Siksha Mitra for the year 2005 in Manik Chauk (North) Panchayat, Runnisaidpur Block, Sitamarhi whereby and whereunder the persons having lesser marks than the petitioner have been appointed. II. For issuance of an 2 order/direction/ writ commanding upon the respondents to appoint the petitioner as Siksha Mitra in Manik Chauk (North) Panchayat after cancelling the appointment of private respondent no.9 who has misrepresented and submitted the forged document before the respondent concerned. III. For issuance of an order/ orders writ to the respondent no.4 to hold a thorough enquiry in the appointment of Siksha Mitra in Manik Chauk (North) Panchayat in particular and in district Sitamarhi in general.” this Court is of the considered opinion that now the petitioner cannot be appointed on the post of Shiksha Mitra, inasmuch as the post stands abolished with effect from 1.7.2006 but then his grievance with regard to alleged illegality in the selection and appointment of respondent no.9 can still be looked into, inasmuch as on the basis of such appointment on the post of Shiksha Mitra and his continuation as on 30.6.2006 he stands absorbed on the post of Panchayat Shikshak. Such appointment, therefore, even by way of absorption on the post of Panchayat Shikshak of respondent no.9 can be 3 made subject matter of a complaint to be filed by the petitioner before the concerned District Teachers appellate Authority. That being so, this application is permitted to be withdrawn with the aforementioned observations and if the petitioner files a complaint before the concerned District Teachers Appellate Authority the said authority shall decide the same strictly in accordance with law after giving opportunity of hearing to the petitioner as also to respondent no.9. (Mihir Kumar Jha,J.) Surendra/