Court dismissed this writ application regarding the legality of appointing Panchayat Siksha Mitras in primary schools, relying on a Division Bench decision that such a post ceased to exist on 01.07.2006, thus making the writ misplaced.
Writ application dismissed as the post of Panchayat Shiksha Mitra was non-existent after 01.07.2006.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No. 18576 of 2008 ====================================================== Ajay Kumar Choudhary, son of Late Devendra Prasad Choudhary, resident of village – Belsandi, Police Station – Chakmehsi, District – Samastipur .... .... Petitioner/s Versus The State Of Bihar & Ors .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Satya Narayan Mishra Mr. Basant Kumar Mishra For the Respondent/s : Mr. (Aag7) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER ***************
03. 17.07.2013 None for the petitioner.
Counsel for the State, however, is present.
This writ application was earlier dismissed for nonprosecution on 23.08.2011. Even after restoration there is no change in approach to the litigation in question, either on behalf of counsel or the petitioner.
The question raised in this writ application is to the illegality or otherwise of appointment of Respondent Nos. 11 and 12 as Panchayat Siksha Mitra in a Primary School located at Belsandi as well as Primary School, Darhiya, in the district of Samastipur.
Taking into consideration the decision of a Division Bench, rendered in the case of Renu Kumari Pandey & Others Versus The State of Bihar & Others, reported in 2011 (4) PLJR 297 , the issue raised by the
Patna High Court CWJC No.18576 of 2008 (3) dt.17-07-2013 2/2
petitioner is not required to be entertained, as no appointment on the post of Panchayat Shiksha Mitra can be looked into nor any direction for appointment can be given on the post, which is non-existent after 01.07.2006.
Writ application is misplaced in the light of the above legal position. It is dismissed, accordingly.
(Ajay Kumar Tripathi, J.)
SKM/-
2 issues framed by the court
Whether the appointment of Respondents 11 and 12 as Panchayat Siksha Mitra in Primary Schools is legal or illegal?
Whether the court can direct appointment to a post that did not exist as of 01.07.2006?
Colour shows how this judgement treated each authority
Renu Kumari Pandey & Others Versus The State of Bihar & OthersRelied on¶6
2011 (4) PLJR 297
Ajay Kumar Choudhary
The State Of Bihar
Ajay Kumar Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
