IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3376 of 2007 AMAR NATH JHA, son of Sri Ganga Dhar Jha, resident of village Dwalakh, Police Station Bheja, Dist. Madhubani. Versus 1. THE STATE OF BIHAR 2. The Deputy Director Panchayat Raj Dharbhanga, Commissioner,Dharbhanga. 3. The Direct Magistrate, District Madhubani. 4. District Superintendent of Education, District Madhubani. 5. Block Education Officer, Madhepur, Block District Madhubani. 6. Panchayat Secretary, Dwalakh. Panchayat Madhepur Block, District Madhubani. 7. Mukhiya, Dwalakh Panchayat, Block Madhepur, P.S. Bheja, district Madhubani. ----------- 2 1.10.2010 No one appears for the petitioner. Counsel for the State is present. With regard to following prayer of the petitioner in this writ application:- “A mandamus commanding the respondents to appoint the petitioner to the post of Shikshas Mitra of Dwalakh Panhayat in the district of Madhubani against General category.” and the following specific averment of the respondent in the counter affidavit in paragraph 6 :- “That with regard to paragraph nos. 9 and 11 of the writ petition regarding the notice issued to the petitioner under the signature of the Mukhiya for submitting the original certificate, the answering respondent submits and states that the competent authority was concerned for selection of Panchayat Shiksha Mitra in Gram Panchayat in accordance with the guidelines issued by the Department of Human Resource Development, Government of Bihar (Annexure-1 to the writ petition). Hence, the answering respondent is not directly involved in the selection process of the Panchayat Shiksha Mitra and giving only relevant and necessary facts regarding enquiry report of the Panhayat Secretary submitted to the Block Development officer, Madhepur (Madhubani) which reveals that the petitioner Amarnath Jha s/o Gangadhar Jha and Bhavnath Jha s/o Gangadhar Jha is the same person. The petitioner 2 by his name Amarnath Jha has passed Madhyama Upshashtri and Acharya examination putting his date of birth as 01.03.1975; whereas by his name Bhavnath Jha, he has passed Matriculation and Intermediate Examinations giving his date of birth as 02.01.1975, which is misleading and therefore the petitioner can not be treated as genuine candidate. Hence, the candidature of the petitioner was ignored which is justified.” this Court is of the considered opinion that no anomaly was committed in the selection and appointment on the post of Shiksha Mitra. Additionally, when the post of Shiksha Mitra stands abolished w.e.f. 1.7.2006 there would be now no occasion for issue of any direction for reconsideration of the case of petitioner for selection and appointment on the post of Shiksha Mitra. That being so, this application is wholly misconceived and is accordingly dismissed. Abhay Kumar ( Mihir Kumar Jha, J.)