IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17970 of 2009 1. PRATIMA KUMARI W/O SRI YADUNANDAN PRASAD R/O VILL.- SARAIA PAR, P.O.- BARI PAITHANA, PANCHAYAT- THEKWAHA, P.S. CUM BLOCK- ISLAMPUR, DISTT.- NALANDA Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE BIHARSHARIF 3. THE DISTRICT SUPERINTENDENT OF EDUCATION NALANDA, BIHARSHARIF 4. MEMBER SRI D.N. PRADHAN, JILA SHIKSHAK NIVOJAN APILIA PRADHIKAR NALANDA, BIHARSHARIF 5. THE BLOCK DEVELOPMENT OFFICER ISLAMPUR, DISTT.- NALANDA 6. THE PANCHAYAT SECRETARY THEKWAHA- PANCHAYAT, BLOCK- ISLAMPUR, P.O.- BARI PAITHANA, DISTT.- NALANDA 7. SRI ANIL KUMAR S/O LATE CHANDRADEO MOCHI R/O VILL.- RUPANCHAK, P.O.- BARI PAITHANA, P.S.- ISLAMPUR, DISTT.- NALANDA 8. SANGITA KUMARI W/O SONU KUMAR R/O VILL.- THEKWAHA, P.O.- BARI PAITHANA, P.S.- ISLAMPUR, DISTT.- NALANDA 9. NUTAN KUMARI @ NITU SINHA D/O SRI ANIL KUMAR, W/O SRI RAJESH KUMAR R/O VILL.- THEKWAHA, P.O.- BARI PAITHANA, P.S.- ISLAMPUR, DISTT.- NALANDA ----------- 02/ 19.04.2010 Heard counsel for the petitioner and counsel appearing for the State. Petitioner is aggrieved on account of non- consideration of her candidature for the post of Panchayat Shiksha Mitra, on every occasion since, 2003. Her case is that on each occasion she filed her objection on account of non-consideration, but on one or other pretext, it was rejected, ignoring the government’s resolution and the guideline relating to appointment on the post of Panchayat Shiksha Mitra. Even her certificates, testimonials relating to qualification were not considered. Petitioner had earlier moved before this Court by filing C.W.J.C. No. 1197 of - 2 - 2006 and she was directed to appear before District Teachers Employment Appellate Tribunal. Finally, tribunal has rejected her claim vide order dated 15.9.2009. Prayer is for quashing of the order dated 15.9.2009 passed by District Teachers Employment Appellate Tribunal and for a direction to the respondents to appoint her on the post of Panchayat Shiksha Mitra. The post of Panchayat Shiksha Mitra is no more available and became non-existent with effect from 1.7.2006. Persons, who were appointed and continued on the post of Panchayat Shiksha Mitra, have been absorbed as Panchayat teacher. At this juncture, I do not find that the prayer of the petitioner can be entertained, for being appointed as Panchayat Shiksha Mitra. On perusal of the impugned order, passed by the Tribunal also I find that on last occasion the prayer of the petitioner was not considered, due to non-submission of her Intermediate degree, since, qualification for appointment on the post of Panchayat Shiksha Mitra had been enhanced. Counsel for the petitioner submits that this finding is wrong as she has submitted her Intermediate qualification. Since, it was not on the record, - 3 - as such the Tribunal has passed the order. Whatsoever may be matter, the claim of the petitioner, it cannot be allowed at this juncture. Accordingly, this application is dismissed. DKS/ (Mridula Mishra, J.)