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Patna High Court

Chanchala Kumari @ Munni DeviversusThe State Of Bihar and Ors

Decided
Disposal
DISMISSED

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


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