IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6833 of 2010 1. NAWAL PRASAD, S/O GOURI SHANKAR MISTRY, R/O VILLAGE AND POST BHATTA, P.S.- KASHICHAK, DISTRICT-NAWADA. 2. RAJ KISHORE PRASAD, S/O RAMSWAROOP NONIA, R/O VILLAGE- MAHESHPUR, P.O.- BELAR, P.S.-KASHICHAK,DISTRICT-NAWADAH. 3. KUMARI MAMTA, W/O SUNIL KUMAR, R/O VILLAGE AND POST BELAR, P.S.- KASHICHAK,DISTRICT-NAWADAH------PETITIONERS Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF HUMAN RESOURCES, GOVT. OF BIHAR, PATNA. 2. THE SECRETARY, DEPARTMENT OF HUMAN RESOURCES, GOVT. OF BIHAR, PATNA. 3. THE DISTRICT MAGISTRATE, NAWADAH. 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, NAWADAH. 5. THE BLOCK EDUCATION EXTENSION OFFICER, WARSALIGANJ, KASHICHAK, NAWADAH. 6. THE GRAM PANCHAYAT BELAR THROUGH MUKHIYA, BLOCK KASHICHAK,POST BELAR,P.S-KASHICHAK,DISTRICT-NAWADAH. 7. THE BLOCK DEVELOPMENT OFFICER, KASICHAK BLOCK, NAWADAH-- ----------------------------------RESPONDENTS. ----------- 2 18.1.2011 Heard learned counsel for the parties. Whatever may be the background and the findings which has been reached by the District Appellate Authority, Nawadah with regard to claim of these petitioners for appointment on the post of Panchayat Shiksha Mitra, the facts stand that after 1.7.2006 there are no posts of Panchayat Shiksha Mitra which can be filled up by a direction upon the respondents in the light of the claim made by the petitioners before the appellate authority. The fact that petitioners cannot be appointed on the post of Shiksha Mitra also stands corroborated by letter no. 1899 dated 16.11.2006 issued by the Director of Primary Education, Government of Bihar and it states the position in so many words. The fact that there are no vacancies available for Shiksha Mitra and any direction for appointment of these petitioners will be a futile exercise because no person can be appointed on the post which does not exist. - 2 - To that extent the decision of the appellate authority is not incorrect and does not require any interference. This writ application is dismissed. The dismissal of this writ application will not come in the way of the appointment of the petitioners if they have eligibility to consider for appointment as Panchayat teacher in their own right. RPS (Ajay Kumar Tripathi,J.)