Rajendra Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1099 of 2015 IN Civil Writ Jurisdiction Case No. 19169 of 2010 =========================================================== Rajendra Prasad S/o Ganga Ram Mandal R/o village - Durgipatti, P.S. Khutauna, ( Madhubani ) .... .... Appellant/s

Versus

1. The State of Bihar

2. The Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna

3. The Director, Primary Education, Govt. of Bihar, Patna

4. The District Magistrate, Madhubani

5. The District Panchayat Teacher Appointment Appellate Tribunal, Madhubani

6. The District Superintendent of Education, Madhubani

7. The Block Development officer, Khutauna, Madhubani

8. The Block Education Extension officer, Khutauna, Madhubani

9. The Mukhiya, Durgapatti Gram Panchayat, Khutauna, Madhubani

10. The Head Master, Primary School, Udara, Durgapatti, Madhubani

11. The Panchayat Secretary, Durgapatti Gram Panchayat, Khutauna, Madhubani

12. Raj Lal Sah S/o Sri Bindeshwar Sah R/o village - Kamalpur, P.S. Khutauna, District - Madhubani .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s :

Mr. Yugal Kishore Sr. Advocate Mr. Ashok Kumar Mr. Sanjay Kumar For the Respondent/s :

Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 03-08-2017 The issue relating to appointment, non-appointment or illegal appointment in relation to Panchayat Shiksha Mitra has now become academic in view of the settled position in law rendered in the case of Kalpana Rani Vs. The State of Bihar & ors., reported in 2014 (2)

Patna High Court LPA No.1099 of 2015 dt.03-08-2017 2/2 PLJR 665. The Full Bench, vide aforesaid pronouncement, has clearly laid down the law that any person, who was continuing on the post of Panchayat Shiksha Mitra on 01.07.2006, after coming of the new rule relating to the appointment of Panchayat Teacher, will become by deeming fiction a Panchayat Teacher. Since the post of Panchayat Shiksha Mitra is no longer available after the said date, the issue of any illegality committed by appointing or non-appointing a person on the post of Panchayat Shiksha Mitra is not an issue of debate any further. Decision of Learned Single Judge seems to be correct.

Appeal has no merit. It is dismissed, accordingly. (Ajay Kumar Tripathi, J) (Rajeev Ranjan Prasad, J) SKM/- AFR/NAFR N.A.F.R.

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