IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9455 of 2006 SHARDA KUMARI @ SHARDA DEVI, W/o Suresh Prasad Yadav, resident of village Murwar, P.S. Basantpur, District Siwan … Petitioner Versus 1. THE STATE OF BIHAR 2. The District Magistrate, Siwan 3. The Deputy Superintendent of Education (D.S.E.) Siwan, District Siwan 4. The Block Development Officer, Block Basantpur, P.S. Basantpur, District Siwan 5. The Block Education Extension Officer, Basantpur, P.S. Basantpur, District Siwan 6. The Panchayat Secretary Panchayat Raj Kanhauli, Block Basantpur, P.S. Basantpur, District Siwan 7. The Ex-Mukhia namely Sitaram Roy, S/o late Babulal Roy, resident of village Murwar, P.S. Basantpur, District Siwan … Respondents ----------- 2. 24.8.2010 Having heard counsel for the parties including counsel for respondent no.7 this Court with regard to the following prayer: “Through this writ application the petitioner seeks indulgence of this Hon’ble Court for issuance of appropriate writ/writs, order/orders, direction/ directions commanding the respondent to accept the joining of the petitioner on the post of Shiksha Mitra who has already been selected by the respondents after following the proper process of law (Annexure 2 series) and further prays to grant all emoluments as permissible in eye of law and grant other relief/ reliefs to the petitioner for which 2 she is entitled according to facts and circumstances of the case.” must hold that the joining of the petitioner on the post of Shiksha Mitra is no longer possible in view of abolition of the post by the State Government with effect from 1.7.2006. Thus this writ application seeking the aforesaid limited relief must be deemed to have become infructuous. Counsel for the petitioner would however submit that the then Mukhiya (respondent no.7) had appointed his own daughter on the post of Shiksha Mitra and thereafter she has been also absorbed on the post of Panchayat Shikshak. In the opinion of this Court, in absence of any prayer for assailing the alleged selection and appointment of the daughter of Ex-Mukhiya who has also not been impleaded as a party to this writ application, this Court cannot go into this issue relating to appointment of the daughter of Ex-Mukhiya on the post of Shiksha Mitra and/or Panchayat Shikshak. At this stage this Court also must 3 note the submission of the counsel for respondent no.7 that on the date on which the petitioner came forward for accepting of the joining he (Sitaram Roy) had no longer remained as a Mukhiya on account of his being removed from such post. Examining of All these aspects by this Court could have some meaning or purpose had the post of Shiksha Mitra been available but then when the post of Shiksha Mitra itself has been abolished the prayer of the petitioner, as quoted above, must be deemed to have become infructuous. The liberty sought by the petitioner now to assail the appointment of the daughter of respondent no.7, who is not a party to this case, cannot be acceded to, inasmuch as any such order can be passed only in presence of a person whose right is sought to be adversely affected. In the present case the daughter of the Mukhiya has not been made party nor any prayer has been made for cancelling her appointment and therefore, this Court would not like to reopen the whole thing but at the same time it is always open for the petitioner to take 4 such recourse for the aforesaid relief as is available to him in law. That being so, with the aforementioned observation, this application is dismissed as having become infructuous. (Mihir Kumar Jha,J.) Surendra/