Patna High Court
Chanchala Kumari @ Munni DeviversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISMISSED
- Bench
- ALOK KUMAR SINHA
Holding
Since the Shiksha Mitra post was abolished on 01‑07‑2006, the petitioner has no right to challenge the appointment or to be appointed in its place, and the writ petition is dismissed.
Summary
The petitioner, Chanchala Kumari, challenged the appointment of respondent No.12, Archana Kumari, as Shiksha Mitra, alleging that the residential certificate used was fraudulent and that the appointment was made by a family member, the Gram Panchayat Mukhiya. She sought certiorari to quash the appellate authority's order and mandamus directing the authorities to consider her higher merit rank for the post. The respondents argued that the Shiksha Mitra post was abolished on 01‑07‑2006 by the scheme of absorption, relying on the Full Bench judgment in Kalpana Rani v. State of Bihar. The Court examined the earlier judgments cited by both sides and held that the abolition of the post extinguished any right to contest the appointment or to claim replacement. Consequently, the writ petition was dismissed as the petitioner could not claim any existing right to the now‑defunct position.
Issues considered
- The appointment of respondent No.12 as Shiksha Mitra was illegal due to a fraudulent residential certificate and nepotism.
- Whether the petitioner can challenge the appointment and claim replacement despite the abolition of the Shiksha Mitra post under the scheme of absorption effective 01‑07‑2006.
- Whether the Full Bench decision in Kalpana Rani v. State of Bihar bars any further judicial intervention in appointments to the abolished post.
Subjects
- appointment
- fraudulent residential certificate
- nepotism
- scheme of absorption
- abolition of post
- writ petition
- certiorari
- mandamus
- Shiksha Mitra
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2314 of 2018
======================================================
Chanchala Kumari @ Munni Devi Wife of Shri Anil Kumar Singh @ Anil
Singh, Resident of Village- Bishnupur Chak Pahar, Post Office- Madhopur
Hajari, Police Station- Sahebganj, District- Muzaffarpur.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Principal Secretary, Education Department, Govt. of Bihar, Patna.
3. The Director, Primary Education, Bihar, Patna.
4. The District Magistrate, Muzaffarpur.
5. The Deputy Development Commissioner-cum-Chairman, District Education
Establishment Committee, Muzaf
6. The District Education Officer, Muzaffarpur.
7. The District Programme Officer Establishment Muzaffarpur. null null
8. The Block Development Officer, Sahebganj, District- Muzaffarpur.
9. The Block Education Officer, Sahebganj, District- Muzaffarpur.
10. The Mukhiya, Gram Panchayat Raj Bangra Nizamat, Block- Sahebganj,
District- Muzaffarpur.
11. The Panchayat Secretary of Gra, Panchayat Raj Bangra Nizamat, Block-
Sahebganj, District- Muzaffarp
12. Archana Kumari, Daughter of Shri Uday Kumar Singh, Resident of Village-
Bangra Nizamat, Post Office- Madhopur Hajari, Police Station- Sahebganj,
District- Muzaffarpur. at present posted and working as Panchayat/Prakhand
Teacher in Govt. Middle School Bangra Nizamat, Block- Sahebganj,
District- Muzaffarpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr., Shashi Bhushan Singh, Advocate
Mr. Anil Kumar, Advocate
For respondent NO.12 : Mr. Bipin Bihari Singh, Advocate
Mr. Sunil Kumar Singh, Advocate
Mr. Rakesh Kumar, Advocate
For the Respondent/s : Mr. Mrigendra Kumar, Advocate
Mr. Rajeev Ranjan, A.C. to G.P.-20.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL JUDGMENT
Date : 13-01-2026
Patna High Court CWJC No.2314 of 2018 dt.13-01-2026
2/6
Heard learned counsel for the petitioner, learned counsel
for the respondent-State and learned counsel for respondent No.12.
2. The petitioner in the present writ petition has prayed
for grant of following relief :-
(I) For issuance of an appropriate writ in the
nature of certiorari for quashing the order dated
29.11.2017 passed in Token No.-Appeal/659/2017
Chanchala Kumari @ Munni Devi Vs. The State of Bihar
& Ors by which the learned Chairperson of State
Appellate Authority, Patna filed by the petitioner has
been pleased to disallow the said appeal without
appreciating the entire facts, circumstances and the legal
proposition of the present case.
(II) For issuance of an appropriate writ in the
nature of certiorari for quashing the order dated
23.05.2011 passed the Case No. 51 of 2011 (Chanchala
Kumari @ Munni Devi Vs. The District Superintendent of
Education, Muzaffarpur & Ors) as contained in memo
no. 161 dated 23.05.2011 passed and issued under the
signature of the learned Member District Teachers
Employment Appellate Authority, Muzaffarpur, by which
the appellant's appeal is being rejected on erroneous
ground.
(III) For issuance of an appropriate writ in
the nature of mandamus for commanding and directing
the respondent authorities concerned to consider the case
of the petitioner in the light of the decision of the Division
Bench, in which this Hon'ble High Court has held that the
candidate who has been selected who is not entitled to be
selected and by suppression of facts and initial entry in
the service on the basis of fraud cannot be allowed to be
continued as fraud vitiates all and the genuine candidate
cannot be made to suffer.
(IV) For issuance of any other appropriate
writ/writs, order/orders, direction/directions for which
the writ petitioner will be found entitled in the facts and
circumstances of the case.
Patna High Court CWJC No.2314 of 2018 dt.13-01-2026
3/6
3. The crux of the matter is that the petitioner has
challenged the appointment of respondent No.12 stating that her
appointment as Shiksha Mitra was illegal and void ab initio for
two reasons :-
(i) The residential certificate produced by respondent
No.12 was actually a residential certificate of another person by
the same name of Archana Kumari. He, therefore, submits that on
the basis of wrong residential certificate, respondent No.12
secured her appointment as Shiksha Mitra.
(ii) The Mukhiya of the Gram Panchayat at the relevant
point of time was the grand father of respondent No.12 and hence
being a family member, he could not have appointed respondent
No.12 as Shiksha Mitra.
4. Learned counsel appearing for the petitioner further
submits that in view of the above illegalities existing in the
appointment of respondent No.12, her appointment as Shiksha
Mitra be set aside and in her place, the petitioner should be
directed to be appointed as Shiksha Mitra as the petitioner was
having a higher position in the merit list.
5. In support of the argument that if the initial
appointment itself is illegal then the same can be questioned at any
stage, he relies upon a Division Bench judgment of this Court
Patna High Court CWJC No.2314 of 2018 dt.13-01-2026
4/6
delivered in L.P.A. No.376 of 2022 reported in 2023(1) PLJR 75.
Further, in support of his argument that no appointment can be
done by a family member, he relies upon another Judgment of this
Court dated 25.11.2016 passed in L.P.A. No.1225 of 2016.
6. Per contra, learned counsel appearing for respondent
No.12 submits that the Full Bench decision of this Court in the
case of Kalpana Rani Vs. State of Bihar reported in 2014 (2)
PLJR 665, the impact of promulgation of the scheme of
absorption has been discussed at length and the ratio displayed
from the said pronouncement of the Full Bench, which is
unanimous, it is clear that once the scheme of absorption has come
into force, then any person claiming a right to be pointed as
Shiksha Mitra cannot be reopened thereafter as the very post
stands abolished with effect from 01.07.2006. Learned counsel for
respondent No.12, therefore, further submits that in view of the
law laid down by the Full Bench of this Court in the case of
Kalpana Rani (Supra), the petitioner does not get any right to get
appointment in place of respondent No.12 as, admittedly, the
petitioner was never appointed as Shiksha Mitra. The Scheme of
Shiksha Mitra having been abandoned on 01.07.2006, there is no
occasion now to consider the dispute raised by the petitioner for
appointment as Shiksha Mitra.
Patna High Court CWJC No.2314 of 2018 dt.13-01-2026
5/6
7. Having considered the submissions made by both the
parties, this Court is of the view that although the petitioner may
have a good ground to assail the initial appointment of respondent
No.12 as Shiksha Mitra but with the coming into effect of the
promulgation of the scheme of absorption and taking note of the
ratio of the judgment of the Full Bench delivered in the case of
Kalpana Rani (Supra), the petitioner has lost the right not only to
challenge the appointment of respondent No.1 as Shiksha Mitra
but also the right to be appointed in her place after 01.07.2006.
8. It is once again clarified that the post of Shiksha Mitra
stands abolished with effect from 01.07.2006, and therefore, the
petitioner does not have any existing right to claim appointment
because admittedly, the petitioner was never appointed as a
Shiksha Mitra in the past. The scheme of Shiksha Mitra having
been abandoned on 01.07.2006, there is no occasion now to
consider the dispute raised by the appellant for appointment as
Shiksha Mitra.
9. In such view of the matter it may not be appropriate to
interfere with the appointment of respondent No.12 at the instance
of the petitioner who has been unable to carve out any right for
herself for interference by this Court. This writ petition is
accordingly dismissed as the relief claimed for in the present writ
Patna High Court CWJC No.2314 of 2018 dt.13-01-2026
6/6
application cannot be granted in light of decision of Full Bench of
this Court in the case of Kalpana Rani (Supra) followed by
another judgment of this Court dated 25.01.2019 passed in L.P.A.
No.2299 of 2016 in the case of Neha Raj Vs. State of Bihar and
others.
10. Writ petition is accordingly dismissed.
(Alok Kumar Sinha, J)
sanjeev/-
AFR/NAFR
CAV DATE
Uploading Date 13.01.2026
Transmission Date
Checking your session…