IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6123 of 2007 SUJATA MISHRA, wife of Anil Kumar Jha, resident of village- Ghoshaut, PS Sibaipatti, District- Muzaffarpur. … Petitioner. Versus 1. THE STATE OF BIHAR through Commissioner-cum- Secretary, Human Resources Development Department, Bihar, Patna. 2. The Director, Primary Education, Bihar, Patna. 3. The District Magistrate-cum- Chairman, Bihar Education Pariyojana, Muzaffarpur. 4. the District Superintendent of Education, Muzaffarpur. 5. The Block Development Officer, Minapur, Muzaffarpur. 6. The Block Education Officer, Minapur, Muzaffarpur. 7. The Headman (Mukhiya), Gram Panchayat Raj, Ghoshaut, Minapur, Muzaffarpur. 8. The Panchayat Secretary, Gram Panchayat Raj, Ghoshaut, Muzaffarpur. 9. Punam Kumari wife of Sanjay Jha, resident of village- Ghoshaut, PS Sibaipatti, District- Muzaffarpur. … Respondents. ----------- 2. 27.10.2010 Heard learned counsel for the parties. The following prayer of the petitioner; “1(i) For issuance of an order, direction or writ including writ in the nature of certiorari for quashing the appointment letter of Siksha Mitra of the year 2005 by which Siksha Mitra have been appointed for the Gram Panchayat Raj, Ghoshaut. (ii) For issuance of an order, direction or writ in the nature of Mandamus, commanding the respondents to consider the appointment of the petitioner according to law on the post of Shiksha Mitra under Gram Panchayat Raj, Ghoshaut. (iii) For issuance of an order, direction to give all consequential benefits after consideration of the appointment of the petitioner on the post of Siksha Mitra.” 2 have two facets, one relating to cancellation of selection and appointment of respondent no. 9 on the post of Shiksha Mitra and the other concerning her own appointment and in the changed scenario will have two different results, specially when the post of Shiksha Mitra has been abolished w.e.f. 1.7.2006. The appointment of the petitioner on the post of Shiksha Mitra now cannot be made on account of abolition of the post but then her grievance with regard to alleged illegality in the selection and appointment of respondent no.9 can be still looked into because the respondent no. 9 has also become Panchayat Shikshak in terms of 2006 Rules. Since the 2006 Rules provide a statutory forum in the form of District Teachers Appellate Authority, the issue relating to alleged illegality in the selection and appointment of respondent no. 9 on the post of Shikshak Mitra and absorption in the post of Panchayat Shikshak therefore has to be looked into by the aforesaid statutory Authority. In that view of the matter, this writ application is disposed of with a liberty to the petitioner to move the concerned District Teachers Appellate Authority and in 3 the event the petitioner would file such complaint, the same shall be decided by the appellate authority strictly in accordance with law after affording opportunity to the petitioner as well as respondent no. 9. With the aforementioned observations and directions, this writ application is disposed of. Kanchan (Mihir Kumar Jha, J.)