IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5418 of 2010 1. MANOJ BHARTI S/O SHRI NEVALAL RAI R/O VILL.- ATHAUIA DIARA, P.O.- PARSURAMPUR, P.S.- PIRPAINTI, DISTT.- BHAGALPUR----------------------PETITIONER Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER-CUM-PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, OFFICE AT- NEW SECRETARIATE, BAILY ROAD, PATNA 3. THE DIRECTOR, PRIMARY EDUCATION, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, OFFICE AT- NEW SECRETARIAT, BAILY ROAD, PATNA 4. THE DISTRICT MAGISTRATE, BHAGALPUR 5. THE DISTRICT SUPERINTENDENT OF EDUCATION, BHAGALPUR 6. THE DISTRICT EDUCATION OFFICER, BHAGALPUR 7. THE SUB-DIVISIONAL EDUCATION OFFICER, BHAGALPUR (NORTH), DISTT.- BHAGALPUR 8. THE AREA EDUCATION OFFICER, KAHALGAON, DISTT.- BHAGALPUR 9. THE BLOCK DEVELOPMENT OFFICER, PIRPAINTI, P.S.- PIRPAINTI, DISTT.- BHAGALPUR 10. THE BLOCK EDUCATION EXTENSION OFFICER, PIRPAINTI, P.S.- PIRPAINTI, DISTT.- BHAGALPUR 11. MUKHIA, PARSURAMPUR GRAM PANCHAYAT, PRAKHAND & P.S.- PIRPAINTI, DISTT.- BHAGALPUR 12. PANCHAYAT SACHIV, PARSURAMPUR GRAM PANCHAYAT, PRAKHAND & P.S.- PIRPAINTI, DISTT.- BHAGALPUR 13. THE MEMBER, DISTRICT TEACHERS' EMPLOYMENT APPELLATE AUTHORITY, BHAGALPUR, OFFICE AT- TILKAMANJHI, P.S.- KOTWALI (TILKAMANJHI), DISTT.- BHAGALPUR----RESPONDENTS ----------- 2 4.1.2011 This writ application has been filed by the petitioner seeking a direction upon the respondents to appoint him on the post of Panchayat Shikshak in Madhopur Harijan Tola Primary School under Parsurampur Gram Panchayat in Pirpainti Block, in the light of the decision rendered by the District Employment Appellate Authority which is annexure-4 to the writ application. By virtue of the said decision appointment of one Mr. Fanindra Kumar on the post of Shiksha Mitra has been found to have been obtained by fraudulent and manipulated document and therefore his appointment was ordered to be cancelled. In fact, it is also indicated that the said person chose to even tender - 2 - his resignation from the post without defending his case before the tribunal. This was also an inference which was drawn by the tribunal that his appointment on Panchayat Shikshk was not above board. The question now which arises is whether the petitioner can be appointed against the vacancy created by Fanindra Kumar. The circular of the State is also clear that the appointment on Shiksha Mitra can be challenged and set aside if the same can be found to be illegal but no order can be issued for appointment on the vacant post because there is no post of Shiksha Mitra now. Since the post does not exist, there cannot be any occasion for this Court to give a direction to appoint the petitioner on the post Panchayat Shiksha Mitra and thereafter as Panchayat teacher. The vacancy created by Fanindra Kumar therefore cannot be offered to the petitioner in the above stated circumstances. No case for direction is made out. This writ application is dismissed. RPS (Ajay Kumar Tripathi,J.)