IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5407 of 2005 SANJOO KUMARI @ SANJOO DEVI, WIFE OF SRI SUNIL KUMAR SINGH, RESIDENT OF VILLAGE ARANA, P.O. JHIRAWA, P.S. UCHKAGAON, DISTRICT GOPALGANJ. ----- PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, PRIMARY AND ADULT EDUCATION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 2. THE DIRECTOR, PRIMARY EDUCATION, GOVERNMENT OF BIHAR, PATNA. 3. THE COLLECTOR-CUM-DISTRICT MAGISTRATE, GOPALGANJ. 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, GOPALGANJ 5. THE BLOCK EDUCATION EXTENSION OFFICER, UCHKAGAON, DISTRICT GOPALGANJ. 6. THE MUKHIYA GRAM PANCHAYAT RAJ LUHASI ANCHAL, UCHAGAON, DISTRICT GOPALGANJ. 7. THE SECRETARY, GRAM EDUCATION COMMITTEE, GOVERNMENT PRIMARY SCHOOL, ARANA ANCHAL UCHKAGAON, DISTRICT GOPALGANJ. 8. THE HEADMASTER GOVERNMENT PRIMARY SCHOOL ARANA ANCHAL UCHKAGAON DISTRICT GOPALGANJ. 9. SRI MANOJ KUMAR SINGH, SON OF SRI BRIJLAL SINGH, UP MUKHIYA GRAM PANCHAYAT RAJ LUHASI ANCHAL UCHKAGAON, DISTRICT GOPALGANJ. 10. THE CHAIRMAN GRAM EDUCATION COMMITTEE GOVERNMENT PRIMARY SCHOOL ARANA ANCHAL UCHKAGAON, DISTRICT GOPALGANJ. 11. RANJU SINHA, WIFE OF SRI MANOJ KUMAR SINGH, SHIKSHA MITRA GOVERNMENT PRIMARY SCHOOL ARANA ANCHAL, UCHKAGAON, DISTRICT GOPALGANJ. -------------------------------------------------------------------------------------------- RESPONDENTS ********* 3 6.1.2011 Petitioner was appointed as a Shiksha Mitra for the year 2003-04 along with two other persons namely Nagendra Kumar and Kanchan Prasad Chourasiya. In the year 2004, the petitioner again applied for being considered for appointment. His case was not considered for reasons unknown although the petitioner claims that he had higher marks than all the candidates who were chosen vide Annexure-4 on 29.6.2004. Unfortunately the petitioner did not apply for the post of Panchayat Shiksha 2 Mitra in the year 2005-06 which would have given him some right of being considered on vis a vis those persons whose cases were allowed. At present, there is no post of Shiksha Mitra and by the policy of the State Government, the post has been converted into the post of Panchayat Teachers. It is true that the Shiksha Mitras who were working on the date of conversion were absorbed as Panchayat Teachers vide the Government policy. However, the case of the petitioner could have only been considered, if he was continuing on the post, or, if he succeeded in this Court on getting the aforesaid orders of appointment of Shiksha Mitra set aside for the year 2004-05 as well as for the year 2005-06. Having failed to exercise his rights at the relevant time, the case of the petitioner cannot be considered by this Court as the tenure of the appointment for the year 2004-05 has lapsed on 29/30.6.2005. This writ application is, accordingly, dismissed. Sanjay ( Sheema Ali Khan, J.)