IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6298 of 2003 KHUSHI KUMAR YADAV, son of Shri Chinta Singh, resident of village Bhudhar Tola, P.S. Maner, District Patna … Petitioner Versus 1. THE STATE OF BIHAR, through the District Magistrate, Patna 2. The District Development Commissioner, Patna 3. The District Superintendent of Education, Patna 4. Vidyalaya Siksha Samiti, Primary School, Bhudhar Tola, through the Mukhiya, Beyapur Panchayat, Maner, Patna 5. Sanjay Kumar, son of Ram Kishore Singh, resident of village and P.S. is not known, District Nawadah at present posted at Primary School Ramjichak Chamar Toli P.O. Beyapur, District Patna 6. Ajit Kumar, son of Nand Kumar Roy, resident of village Naga Tola, Beyapur, P.O. Beyapur, P.S. Maner, District Patna 7. Sarita Kumari, wife of Sri Harijee son of Pardip Rai, of village Patut, P.O. Patut, P.S. Bikram, District Patna … Respondents ----------- 4. 18.8.2010 Heard counsel for the parties. The prayer of the petitioner in this writ application reads as follows: “This is an application under the writ jurisdiction of the Hon’ble Court for issuance of an appropriate writ, order or direction in the nature of mandamus for commanding the respondents who have illegally curtailed the name of the petitioner from the list of the “Panchayat Siksha Mitra” who was fully entitled for the post are arbitrary, malafide and without jurisdiction. 2 Though Mr. Amish Kumar Jha, learned counsel for the petitioner, in support of the aforementioned prayer would rely on the enquiry report showing the petitioner to have been illegally elbowed out even when he was a better candidate for the post of Siksha Mitra in comparison to respondents no. 5, 6 and 7 the fact that the post of Siksha Mitra itself came to be abolished with effect from 1.7.2006 would still be standing in the way of the petitioner to claim the relief his appointment on the post of Shiksha Mitra because now the petitioner cannot be appointed on the post of Siksha Mitra after 1.7.2006 nor there can be a direct entry for him on the post of Panchayat Sikshak because of change of qualification and procedure of appointment under 2006 Rules. Thus, though it may be cruel for the petitioner but then some time in service jurisprudence the abolition of post does carry such unforeseen consequences. In view of above, though the petitioner may not be entitled for being engaged on the post of Shiksha Mitra he 3 would still be entitled to raise the question as with regard to illegal engagement of respondents no. 5, 6 and 7 as Shiksha Mitra ignoring his better claim. Therefore, if the petitioner would file a complaint before the District Teachers Appellate Authority, Patna as against the engagement of respondents no. 5, 6 and 7 as Shiksha Mitra which had led to their absorption on the post of Panchayat Shikshak, the authority shall decide the question on merit without non-suiting the petitioner on the ground of delay/ limitation keeping in view that this writ application had remained pending for a period over seven years. In the event the engagement of respondents no. 5, 6 and 7 is found to be illegal by the authority and the same is cancelled after giving opportunity of hearing to them which may eventually amount to result to their cancellation of appointment by way of absorption on the post of Panchayat Shikshak, the resultant vacancies of Panchayat Shikshak will be filled up by the competent authority by 4 initiating a fresh process as prescribed in Panchayat Shikshak Appointment Rules, 2006 wherein if the petitioner is found eligible for the said post, he will also be considered alongwith other eligible candidates. Subject to the aforementioned observations and liberty, this application fails and is dismissed as having become infructuous. (Mihir Kumar Jha,J.) Surendra/