IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6201 of 2009 GOPAL SHARMA s/o Shri Lalman Sharma,resident of village- Dharmagatpur, P.S. Dinara,District- Rohtas. Versus 1. THE STATE OF BIHAR . 2. Director Primary Education, Govt. of Bihar, Patna. 3. District Magistrate, Rohtas. 4. District Superintendent of Education, Rohtas. 5. Block Education Extension Officer, Dinara(North), District- Rohtas. 6. Block Development Officer Dinara (North),District- Rohtas. 7. Panchayat Secretary, Gram Panchayat Kranj, P.S. Dinara, District- Rohtas. 8. Mukhiya, Gram Panchayat Kranj, P.S. Dinara, District- Rohtas. 9.Muna Kumar Ojha s/o Ramjee Ojha, resident of village- Runi, P.S. Dinara, District- Rohtas. 10. Anita kumar w/o Sanjay Bharti ,resident of village- Dharmagatpur, P.S. Dinara, District- Rohtas. 11. Rajiv Kumar Pandey s/o Ramakant Pandey, resident of village- Mukundpur,P.S. Dinara, District- Rohtas. 12. Sanjay Kumar Singh s/o Sri Niwas Singh, resident of village Sarana, P.S. Dinara, District- Rohtas. 13. Gulam Navi s/o Md. Usman, resident of village- Kranj P.S. Dinara, District- Rohtas. 14. Shobha Tiwary d/o Birendra Kuamr Tiwary, resident of Sarna, P.S. Dinara,District- Rohtas. 15. Chattu Paswan s/o Chanderdeo Paswan, resident of village Sarna, P.S. Dinara, District- Rohtas. 16. Krishna Kumari d/o Sumer Singh, resident of village Sarna, P.S. Dinara, District- Rohtas. 17. Indu Kumari d/o Santosh Kumar, resident of Parshurampur, P.S. Dinara , District- Rohtas. 18. Prabhawati Kumari d/o Moti Lal Pandey, resident of Mukundpur, P.S. Dinara, District- Rohtas. ----------- 3 25.6.2010 Petitioner and one Muna Kumar Ojha amongst others had applied for the post of Panchayat Shiksha Mitra. Petitioner claims that he was more meritorious , still Mukhiya of the Gram Panchayat wrongly gave employment to Muna Kumar Ojha . Petitioner complained to various authorities and when 2 ultimately nothing was done ,he approached this Court questioning the appointment of Muna Kumar Ojha and one Rajiv Kumar Pandey and seeking appointment himself. During the pendency of the writ petition, by way of supplementary affidavit , order of District Superintendent of Education, as contained in memo no. 1237 of 2009,dated 28.7.2009 was brought on record (Annexure 10) by which the selection of Muna Kumar Ojha was set aside on complain of the petitioner. Petitioner complained that though District Superintendent of Education has set aside the appointment of said Muna Kumar Ojha, he has not passed consequential order for petitioner’s appointment. On behalf of the petitioner, it is now stated that he has came to know that Muna Kumar Ojha filed CWJC No. 12866 of 2009 challenging the order of District Superintendent of Education and the said writ petition was allowed by order dated 4.1.2010 by this Court by which the order of District Superintendent of Education, Rohtas dated 28.7.2009 was quashed on the ground that it has been passed ex parte behind the back of said Muna Kumar Ojha and without notice to him with further liberty to the authority to initiate proper proceeding for termination of the service of Muna Kumar Ojha in case there was any illegality committed in appointment. It was further ordered that till final decision is taken the respondents would allow the petitioner to continue on his post with all benefits. 3 In view of the said order passed in the said writ petition, this Court cannot re-examine the matter. This Court in the earlier writ petition has already given liberty to the respondents to take appropriate action against the said Muna Kumar Ojha in accordance with law. Nothing more needs to be done except that if it is found that appointment of said Muna Kumar Ojha was wrong then authority would have to consider the candidature of petitioner for appointment as he would other be wrongly deprived of his appointment. With the aforesaid observation and direction, the writ petition stands disposed of directing the respondents to initiate and conclude proceedings , if they are so advised as against Muna Kumar Ojha at the earliest preferably within three months of its initiation. singh ( Navaniti Prasad Singh, J.)