IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17290 of 2010 1. VIJAY KUMAR VERMA S/O SRI RAMNAJAR VERMA R/O VILL.- DHOBINIA, VERMA COLONY, P.S.- PAHARKATA, DISTT.- KISHANGANJ Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE SPECIAL SECRETARY-CUM-DIRECTOR, PRIMARY EDUCATION, GOVERNMENT OF BIHAR, PATNA 4. THE MEMBER, DISTRICT TEACHER APPOINTMENT APPELLATE TRIBUNAL, KISHANGANJ 5. THE DISTRICT MAGISTRATE, KISHANGANJ 6. THE DISTRICT SUPERINTENDENT OF EDUCATION, KISHANGANJ 7. THE BLOCK EDUCATION EXTENSION OFFICER, BLOCK- POTHIA, DISTT.- KISHANGANJ 8. THE BLOCK DEVELOPMENT OFFICER, BLOCK- POTHIA, DISTT.- KISHANGANJ 9. THE PANCHAYAT SECRETARY GRAM PANCHAYAT RAJ, RAIPUR BLOCK POTHIA, DISTT.- KISHANGANJ 10. THE MUKHIYA, GRAM PANCHAYAT RAJ, RAIPUR BLOCK POTHIA, DISTT.- KISHANGANJ 11. BALDEV RAY S/O LATE SUKARU LAL RAY R/O VILL.- KHARKHARI, P.S.- PAHARKATA, DISTT.- KISHANGANJ ----------- 02. 12.5.2011 Annexure-5 is the order passed by the District Teachers Employment Appellate Authority, Kishanganj, on an appeal filed by the petitioner raising a grievance that certain persons came to be appointed illegally even though they did not have the requisite qualifications or the marks vis-à-vis the petitioner. Issue is of appointment of Panchayat Shiksha Mitra relating to the year 2004. Since the appellate authority has the requisite powers to annul an illegal appointment, it has rightly done by the impugned order. However, when it comes down to give 2 direction to the petitioner, no such direction can be issued in view of the changed circumstances since post of Panchayat Shiksha Mitra does not exist after 2006 and therefore, the appellate authority has done no wrong by refusing to give direction for appointment. No person can be appointed on a non-existing post. Writ is dismissed. However, this order will be without any prejudice to the right of the petitioner to pursue the review application No.24 of 2011. rkp ( Ajay Kumar Tripathi, J.)