IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.616 of 2010 MD.QUTBUDDIN S/O MD. IMAMUDDIN R/O VILL RAHMATGANJ, P.O.KUNDAH, P.S.MAHISHI,DISTT-SAHARSA Versus 1. THE STATE OF BIHAR 2. COMMISSIONER-CUM-SECRETARY , PRIMARY ,SECONDARY AND ADULT EDUCATION BIHAR,PATNA 3. DIRECTOR, PRIMARY EDUCATION BIHAR, PATNA 4. DISTRICT MAGISTRATE SAHARSA, DISTT- SAHARSA 5. DISTRICT SUPERINTENDENT OF EDUCATION-CUM-DISTRICT PROGRAMME CONVENOR SAHARSA, DISTT- SAHARSA 6. DISTRICT TEACHER EMPLOYMENT APPEALLATE TRIBUNAL SAHARSA 7. BLOCK EDUCATION EXTENSION OFFFICER MAHISHI, DISTT-SAHARSA 8. BLOCK DEVELOPMENT OFFICER MAHISHI, DISTT-SAHARSA 9. SECRETARY, MUKHIYA GRAM PANCHAYAT KUNDAH,DISTT-SAHARSA ----------- 2/ 14.05.2010 Heard counsel for the petitioner and the counsel appearing for the State. Petitioner’s prayer is for quashing of the order dated 7.10.2009 passed by the District Teachers Employment Appellate Tribunal, Saharsa, in Appeal No. 7 of 2009, whereby the appeal preferred by the petitioner has been rejected. Further, prayer of the petitioner is for directing the respondents to consider his appointment on the post of Panchayat Shiksha Mitra in general seat, in pursuance of the report submitted by the B.D.O. Mahishi and to regularize him against the post. On perusal of the order passed by the appellate authority, I find that it has been passed considering the guideline issued by the Department of Human Resources Development, Government of Bihar, for appointment of Panchayat Shiksha Mitra as well as Bihar Panchayat Primary Teachers (Appointment and Service Conditions) Rule, 2006. - 2 - Rule 6 of 2006 Rules provides that person having Maulvi degree can be appointed only against the Urdu Teacher’s post. Similarly, in the guideline, Clause 5 (Kha), there is provision that Urdu teacher’s post will be filled up by the persons having Maulvi degree. Petitioner’s claim for a direction to appoint him against the general post even though, he possesses Maulvi degree, cannot be allowed. The appellate Tribunal has rightly rejected the appeal preferred by the petitioner. I do not find any error in the impugned order. This application is dismissed. Sanjeet/ (Mridula Mishra, J.)