IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14980 of 2007 Deepak Kumar Pandey, S/o Shri Ramayan Pandey, R/o Village Barasath, P.S. Nawanagar, Dist. Buxar. -------- Petitioner Versus 1. The State of Bihar through the Secretary, Primary and Adult Education, Human Resources Development Department, Government of Bihar, Patna. 2. The Secretary, Primary and Adult Education, Human Resources Development Department, Government of Bihar, Patna. 3. The Director, Primary and Adult Education, Human Resources Development Department, Government of Bihar, Patna. 4. The District Magistrate, Buxar cum Chairman Sarva Siksha Abhiyan, Buxar. 5. The Additional Collector, Buxar. 6. The Deputy Development Commissioner, Buxar cum Vice Chairman Sarv Siksha Abhiyan, Buxar. 7. The District Education Officer, Buxar. 8. The District Superintendent of Education, Buxar cum Programme Coordinator Sharv Shiksha Abhiyan Buxar. 9. The Range Education Officer, Buxar. 10. The Pramukh Panchayat Samittee Navanagar, Buxar. 11. The Block Education Extensin Officer, Nawanagar, Buxar. 12. The Mukhiya Gram Panchayat Karsar, Nawanagar, Buxar. 13. The Secretary Gram panchayat Karsar, Nawanagar, Buxar. 14. Anil Kumar Mishra S/o Paras Nath Mishra, R/o Village Mishrawalia, P.S. Nawanagar, Dist. Buxar. ---------Respondents ----------- 3 25.7.2011 Having regard to the fact that the petitioner in this writ application has prayed for a direction for issuance of appointment letter in his favour on the post of Shiksha Mitra at a point of time when the 2 post of Shiksha Mitra had already been abolished, this Court would find it difficult to issue a direction to that effect. Even if the case of the petitioner is taken at its face value, he was under the zone of consideration for the post of Shiksha Mitra in the month of December, 2005. The petitioner, however, claims that he was edged out by the authorities, who had illegally appointed the respondent no.14 on the post of Shiksha Mitra and eventually the respondent no.14 also got absorbed on the post of Panchayat Shikshak. The complaint filed by the petitioner as against the respondent no.14 ultimately was looked into and the Collector of the district by his order dated 5.2.2007 had held that the respondent no.14 had secured less marks to the petitioner and as such, had cancelled the appointment of the respondent no.14. The grievance of the petitioner, therefore, is that had the respondent no.14 not been appointed on the post of Shiksha Mitra, it was the petitioner who could have been appointed on the post of Shiksha Mitra and could have also been absorbed on the post of Panchayat Shikshak. Learned counsel for the petitioner, 3 therefore, has submitted that this Court should direct for restoring the status quo ante as it was existing on the date of appointment of the respondent no.14, when he initially got engaged on the post of Shiksha Mitra in the year 2005. Attractive the aforesaid submissions though may be, this Court would find it difficult to issue direction for appointment of the petitioner against a post which no longer exists and in fact stands abolished with effect from 1.7.2006. The petitioner at best was in a panel of Shiksha Mitra and if, therefore, the post itself has been abolished, no mandamus can be issued by this Court for appointing the petitioner now against that post so that he gets absorbed by virtue of Rule 20(iii) of the Panchayat Shikshak Rules, 2006. It has to be kept in mind that Rule 20(iii) only envisages absorption of working employed Shiksha Mitra and does not contemplates of first appointing someone on the post of Shiksha Mitra after 1.7.2006 for its being absorbed on the post of Shiksha Mitra. As a matter of fact, the panel of 4 Shiksha Mitra framed in terms of the earlier circular of the Government Department has itself been specifically repealed under Rule 20(1) of the Rules, which would also mean that every panel as existing on 1.7.2006 automatically stand abrogated or canceled and cannot be put to use for any purpose, much less, for making appointment on the post of Shiksha Mitra, which has stood abolished with effect from 1.7.2006. There is yet another reason for this Court not to act upon such panel of Shiksha Mitra, inasmuch as, there is complete departure in the process of appointment, qualification and even in the scheme of appointment on the post of Shiksha Mitra vis- à-vis Panchayat Shiksak. Earlier the Panchayat Shiksha Mitra came to be appointed even by holding qualification of Matriculation, which was later on upgraded to Intermediate. In the case of Panchayat Teacher, he has to be necessarily a trained hand, which is the minimum requirement apart from being Intermediate. Moreover, the selecting body is now the Panchayt, which has to pass its decision on the resolution passed by the Aam Sabha. Even the control on such 5 Panchayat Shhikshak has been vested in an altogether different body and, therefore, this Court must hold that merely because the rules also envisages absorption of the working Shikshak Mitra on the new post of Panchayat Shikshak, that would not mean that even the earlier panel of Shiksha Mitra would remain in force for the purpose of making fresh appointment on the post of Shiksha Mitra and its conversion/absorption on the post of Panchayat Shikshak. As a matter of fact, this writ application was filed on 23.11.2007 i.e. after almost one and half years of the abolition of the post of Shiksha Mitra and, therefore, this Court will have no difficulty in holding this writ application to be wholly belated so far it relates to the prayer of appointment of the petitioner on the abolished post of Shiksha Mitra. As with regard to the second part of the prayer that this Court should direct the respondents to treat the petitioner to be absorbed on the post of Panchyat Teacher, it has to be held that since the petitioner was never appointed on the post of Shiksha Mitra and was definitely not continuing as a 6 Shiksha Mitra as on 1.7.2006, he cannot be held to be absorbed on the post of Panchayat Shikshak. That being so, this application is wholly misconceived and is accordingly dismissed. Rsh (Mihir Kumar Jha, J.)