Manohar Lal v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No 1447 of 2012 IN Civil Writ Jurisdiction Case No 6354 of 2011 =========================================================== Manohar Lal S/O Late Binda Manjhi R/O Village + P.O.- Madarpur, Police StationMashrakh, Distt.- Saran (Chapra) .... .... Appellant/s

Versus

1. The State Of Bihar

2. The Principle Secretary Human Resource Development Department, Govt. Of Bihar, Patna

3. The Director, Primary Education, Bihar, Patna

4. The District Magistrate, Saran at Chapra

5. The Divisional Commissioner, Saran Division at Chapra

6. The Deputy Development Commissioner-Cum-Chairman Distt. Education Establishment Committee, Saran at Chapra

7. The Block Development Officer, Mashrakh, District- Saran Null Null

8. The Block Education Extension Officer, Mashrakh, District- Saran

9. The Prakhand Pramukh, Mashrakh Prakhand, District- Saran

10. Shri Ram Ayodhaya Singh S/O Shri Vidyanand Prasad R/O Village- Sirsa Jalalpur, P.S.- Mashrakh, District- Saran, The Then Mukhiya Of Gram Panchayat Raj Madarpur, Anchal- Mashrakh, District- Saran

11. Smt Fuljhari Devi Present Mukhiya of Gram Panchayat Raj, Madarpur AnchalMashrakh, District- Saran

12. The Panchayat Secretary of Gram Panchayat Raj Madarpur, Anchal- Mashrakh, District- Saran

13. The Member, District Teacher Appointment Appellate Authorities, Saran, Chapra

14. Vijay Kumar S/O Arjunmanjhi R/O Vilage- Jalalpur, P.S.- Mashrakh, DistrictSaran, At Present Posted And Working As Panchayat Teacher In Govt. Primary School, Madarpur, Anchal- Mashrakh, District- Saran .... .... Respondent/s =========================================================== For the Appellant/s : Mr Shrinath, Advocate For the S t a t e : Mr Lalan Kumar, AC to GP 23 =========================================================== CORAM: HON'BLE MR JUSTICE NAVANITI PRASAD SINGH And HON'BLE JUSTICE SMT NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR JUSTICE NAVANITI PRASAD SINGH) Date: 20-08-2015 Heard learned counsel for the appellant in respect of

Patna High Court LPA No.1447 of 2012 dt.20-08-2015 limitation petition.

2 For the reasons stated in the limitation petition, delay in filing the appeal is condoned.

3 Heard learned counsel for the appellant and learned counsel for the State.

4 We are not inclined to interfere in the matter inasmuch as the petitioner-appellant makes grievance of his non-selection as a Shiksha Mitra. He moved the authorities for the first time in the year, 2008 whereas the post of Shiksha Mitra itself was abolished in the year, 2006 and all persons, working on the post of Shiksha Mitra on that day, were absorbed as Panchayat Teachers. There cannot be any order in respect of selection process of an abolished post. 5 This appeal merits no consideration and is dismissed accordingly.

(Navaniti Prasad Singh, J) (Nilu Agrawal, J) U M.E.H./-