Mukesh Kumar vs The State Of Bihar &Amp; Ors on 1 October, 2010

              IN THE HIGH COURT OF JUDICATURE AT PATNA
                        CWJC No.2785 of 2007
Mukesh Kumar, son of Shree Rameshwar Singh, Village Marwa Pakar,
P.O. Chaube Amhara, P.S. Saraiya, District Muzaffarpur.
                                                -------- Petitioner
                                Versus
1. The State of Bihar through Commissioner and Secretary, Human
   Resources Development Department, Vikash Bhawan, Patna.
2. Director (Primary Education) Bihar, Human Resources Development
   Department, Vikas Bhawan, Patna.
3. District Magistrate, Muzaffarpur.
4. District Superintendent of Education, Muzaffarpur.
5. Block Development Officer, Saraiya Block, Dist. Muzaffarpur.
6. Mukhiya Gram Panchayat Raj, Marwa Pakar, Anchal Saraiya, Dist.
   Muzaffarpur.
7. Secretary, Gram Panchayat Raj Marwa Pakar, Anchal Saraiya,
   District Muzaffarpur.
                                             ---------- Respondents
                             -----------

2 01.10.2010 Having heard learned counsel for the

petitioner in respect of the following

relief:-

“1. That this is an application by the
abovenamed petitioner for issuance
of an appropriate writ/order/
direction to Respondent no.3, the
District Magistrate, Muzaffarpur to
investigate into irregularity/
allegations (forgery) committed by
Mukhiya Gram Panchayat Raj, Marwa
Pakar, Anchal Saraiya (Muzaffarpur)
in selection/employment of Panchayat
Shiksha Mitra for Primary School, in
2005, under rule 14 as envisaged in
Govt. Resolution no. 1748 dated
2.9.2005 (annexure 1) and take
immediate action in accordance with
law and in consequence, consider the
claim of the petitioner for
selection/employment as Shiksha
2

Mitra on merit under the provision
of rule.”

this Court is of the considered opinion that

after abolition of the post of Shiksha Mitra

with effect from 1.7.2006, the appointment of

the petitioner cannot be made on the post of

Shiksha Mitra.

The procedure for appointment of

Panchayat Shikshak being absolutely different

in terms of 2006 Rules, if the petitioner

would make an application for the said post,

the same shall be considered in accordance

with law without being prejudiced by his

rejection in his selection of Shiksha Mitra.

With the aforementioned observation

and direction, this application is disposed

of.

Rsh                                                (Mihir Kumar Jha, J.)