IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.2328 of 2007
SANJAY KUMAR son of Shri Yadava Lal Rai, village and
P.O.Morsandi, P.S. Motipur, District Muzaffarpur.
Versus
1. THE STATE OF BIHAR through the Commissioner and Secretary, Human
Resources Development Department, Vikas Bhawan, Patna.
2. Director, Primary Education Bihar, Vikas Bhawan, Patna.
3. District Magistrate, Muzaffarpur.
4. District Superintendent of Education, Muzaffarpur.
5. Mukhiya Morsandi Gram Panchayat, Morsandi, Anchal Motipur, District
Muzaffarpur.
6. Secretary, Morsandi Gram Panchayat, Morsandi, Anchal Motipur, District
Muzaffarpur.
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2 28.09.2010 Having heard counsel for the petitioner and counsel
for the State as with regard to the following relief:-
“That this is an application by the
abovenamed petitioner for issuance of an
appropriate writ/ order/ direction to consider
selecting and employing the petitioner as Panchayat
Shiksha Mitra in Primary school of Morsandi Gram
Panchayat from the panel in view of vacancies
caused as ordered on 3.1.2007 by the District
Magistrate under clause 14 of amended Panchayat
Shiksha Mitra (Terms and conditions). Rule and
employ him as such in accordance with law.”
and that the earlier writ application of the petitioner,
C.W.J.C. No.3971 of 2006 as with regard to his appointment had
been specifically dismissed, this Court would not find it possible
to issue now a direction for his appointment on the post of Siksha
Mitra specially when such post stands already abolished w.e.f.
1.7.2006.
As a matter of fact, the impugned order which has
been passed for cancelling appointment of three other persons,
namely, choudhary Charan Singh, Devendra Rai and Anita Rai by
holding the post of Siksha Mitra is bad, will also not entail the
2
consequential relief in favour of the petitioner for also his
appointment on the post of Siksha Mitra, inasmuch as, such prayer
was straight way rejected by this Court by order dated 7.9.2006 in
C.W.J.C. No.3971 of 2006 as also in view of abolition of the post
of Siksha Mitra.
That being so, this application is wholly misconceived
and is accordingly dismissed.
Abhay Kumar ( Mihir Kumar Jha, J.)