IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9467 of 2008 SHAILENDRA PRASAD SINGH Versus THE STATE OF BIHAR & ORS ----------- 2. 04.05.2009 Leave is sought to withdraw the writ application to pursue the grievance before the appellate authority. Counsel for the State points out that the claim relates to denial of appointment as Shiksha Mitra in 2005, a contractual appointment for 11 months. After coming into force of new Rules with effect from 1.7.2006, the criteria for appointment is statutorily regulated and no relief can be granted to the petitioner on the ground of denial of appointment as Shiksha Mitra. Prima facie, learned counsel for the State is right in his submission. The contractual period in question has long lapsed. The appointment is now regulated by statutory provisions. Denial of relief to the petitioner is one aspect of the matter and continuance of an illegal appointment made is another aspect of the matter. Both are separate. The impermissibility of the former in law does not affect the latter on merit and it has to be decided in accordance with law. The application is permitted to be withdrawn to move before the appellate authority in light of the aforesaid discussion. The application is dismissed as withdrawn. . AKS/ (Navin Sinha, J.)