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2010 Supreme(Pat) 2284

MIHIR KUMAR JHA
Rima Kumari wife of Sri Arvind Singh – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared
For the Petitioner: M/s Ganesh Pd. Singh, Manish Kumar.
For the State: Mr. Nirmal Kumar.
For the Respondent: M/s Raghwanand, No. 9 Ranjeet Kumar NO.2.

Order

Mihir Kr. Jha, J.-Having heard counsel for the parties as with regard to the following relief:-

"This is an application for issuance of an appropriate writ, order or direction commanding the respondents to appoint the petitioner on the post of Siksha Mitra in Pipra Khem Panchayat in place of respondent no. 9 whose appointment has been cancelled by the enquiry officer/respondent no. 4 and selected the petitioner for appointment under the reserved seat for general woman and/or further writ or direction commanding the respondent to give the joining letter to the petitioner and treat her in service w.e.f. 14.2.2006 as the enquiry officer has found in enquiry that the respondent no. 9 has illegally been appointed in the reserved general woman seat though he comes from male most backward class."

while this Court is of the considered opinion that upon abolition of the post of Shiksha Mitra in terms of the Government policy and enforcement of Bihar Parichayat Prarambhik Shikshak (Niyojan Awam Seva Sarta) Niyamawali, 2006 no writ of mandamus can be issued for appointing the petitioner on the abolished post of Shiksha Mitra. Admittedly the petitioner was not appointed as Shiksha Mitra pr
































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