IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.12097 of 2006
Navin Kumar, son of Sri Mukund Prasad Thakur,
resident of village + P.O. Manikpur, P.S.
Sahkund, District Bhagalpur
... Petitioner
Versus
1. The State Of Bihar
2. The Collector, Bhagalpur
3. The District Superintendent of Education,
Bhagalpur
4. The Mukhiya, Gram Panchayat, Jagria P.S.
Sahkund, District Bhagalpur
5. The Headmaster, Govt. Middle School,
Manikpur, P.S. Sahkund, District Bhagalpur
6. Brajendra Kumar, son of Sri Mritunjay Pd.
Singh, resident of village Shahjadpur, P.S.
Sahkund, District Bhagalpur
... Respondents
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2. 30.6.2011 No one appears for the petitioner.
Counsel for the State and respondent no.6
are present.
This application relating to
acceptance of joining of the petitioner on
the post of Shiksha Mitra has definitely
become infructuous, inasmuch as the post of
Shiksha Mitra stands abolished with effect
from 1.7.2006. This writ application in fact
was filed on 27.9.2006 and therefore, the
prayer of the petitioner as with regard to
acceptance of his joining on the post of
Shiksha Mitra cannot be allowed in view of
abolition of the post of Shiksha Mitra.
As with regard to the remaining
prayer of the petitioner to call for
2
appointment letter of respondent no.6 and
quash the same as he had sought to replace
the petitioner on 18.2.2006 on post of
Shikshamitra, the writ application filed on
27.9.2006 by which time respondent no.6 has
already been absorbed on the post of
Panchayat Shikshak w.e.f. 1.7.2006 would
also not be maintainable on the ground of
delay in filing such writ application. None
the less for this limited relief, the
petitioner can agitate his grievance before
the District Teachers Appellate Authority,
Bhagalpur which in view of the clarificatory
Circular of the State Government dated
14.5.2009 has been vested with powers to
examine and decide complaints arising out of
selection, appointment and removed of
Shikshamitra.
Be that as it may, when the counsel
for the petitioner has also not appeared,
this Court has no option but to dismiss this
writ application as not pressed.
It is ordered accordingly.
(Mihir Kumar Jha,J.)
Surendra/