Kiran Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4658 of 2013 ====================================================== Kiran Kumari W/O Rajeev Ranjan Kumar Yadav Resident Of VillageMahmadpur, P.S- Paroo, Distt- Muzaffarpur. .... .... Petitioner

Versus

1. The State Of Bihar.

2. The District Magistrate, Muzaffarpur.

3. The District Superintendent of Education, Muzaffarpur.

4. The Block Development Officer, Paroo, Muzaffarpur.

5. The Gram Panchayat Raj Rampur Keso @ Malahi Through Its Secretary Rampur Keso @ Malahi, P.S- Paroo, Distt- Muzaffarpur.

6. Anjali Kumari W/O Mukesh Kumar Sah Resident Of Village- Basantpur, P.S- Paroo, Distt- Muzaffarpur.

.... .... Respondent/s ====================================================== Appearance:

For the Petitioner : Mr. Sanjay Kumar Mr. Kameshwar Kumar For the Respondent/s : Mr. Manish Kumar-3, A.C. to S.C.-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 18-01-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In the present case, the petitioner is claiming that he has wrongly been disqualified as Panchayat Shikshak and makes a prayer for his appointment to the post of Shiksha Mitra. The petitioner has first approached to this Court in C.W.J.C. No.15481 of 2010. This Court has disposed of the said writ petition with a direction to the petitioner to approach the Appellate Tribunal. In pursuance of the said direction, the present petitioner filed a case No.243 of 2011, there the Tribunal has

Patna High Court CWJC No.4658 of 2013 (2) dt.18-01-2016 2/2 rejected the application of the petitioner having held that in view of the Resolution of the State Government the case of the petitioner was not maintainable.

As the case relates to the appointment of Shiksha Mitra, in view of the judgment passed in the case of Smt. Renu Kumari Pandey vs. State of Bihar & Others, reported in 2011(4), PLJR, 297 and in the case of Kalpana Rani vs. State of Bihar & Others, reported in 2014(2), PLJR, 665, the post of Shiksha Mitra has been abolished, therefore, the petitioner cannot be appointed on the said post.

In such view of the matter, this Court does not find any illegality in the impugned order passed by the Appellate Tribunal. Accordingly, this writ petition is dismissed. (Shivaji Pandey, J) pawan/- U