Ekram Thakur v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11232 of 2017 ====================================================== Ekram Thakur Son of Gopal Thakur, resident of Village- Bariswan, P.O.- Bariswan, P.S.- Shahpur, District- Bhojpur, Ara. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Education Deptt. Government of Bihar, Patna 2.

The Director Primary Education, Patna.

3.

The District Magistrate, Bhojpur Ara.

4.

The District Education Officer, Bhojpur Ara.

5.

The District Superintendent of Education, Bhojpur Ara. 6.

Block Development Officer, Block Shahpur, District- Bhojpur Ara. 7.

Block Education Officer, Shahpur District- Bhojpur, Ara. 8.

The Mukhiya Gram Panchayat, Bariswan District- Bhojpur, Ara. 9.

Panchayat Secretary, Gram Panchayat Bariswan Block- Shahpur, DistrictBhojpur, Ara. 10.

Ravindra Kumar Gupta Son of Sri Bhagwan Gupta, resident of VillageBariswan, P.O.- Bariswan, P.S.- Shahpur, District- Bhojpur, Ara. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajiva Ranjan For the Respondent/s :

Mr.Smt. Binita Singh-Sc28 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-01-2020 Heard both sides.

The petitioner seeks direction to the respondent authority to accept the joining of the petitioner on the post of panchayat teacher or any other post as the petitioner was selected on the post of Shiksha Mitra on 30.05.2005. The name of the petitioner appeared at serial no.5 but he was never allowed to join.

It appears that the petitioner did not move before the

Patna High Court CWJC No.11232 of 2017(2) dt.24-01-2020 2/2 appropriate authority when the petitioner was not allowed to join on the post of Shiksha Mitra but later on all the persons working on the post of Shiksha Mitra were appointed as panchayat teachers under the Bihar Panchayat Elementary Teacher (Employment and Service Condition) Rules, 2006. Since the petitioner was not working on 01.07.2006 on the post of Shiksha Mitra, the petitioner cannot be appointed on the post of panchayat teacher as has been held by a Full Bench judgment in the case of Kalpana Rani Vs. State of Bihar, reported in 2014 (2) P.L.J.R. 665.

Having considered the facts, I do not find any merit in the writ petition. Accordingly, the same is dismissed. (Prabhat Kumar Jha, J) Harish/- U