IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4282 of 2007 CHANDRA MOHAN PATHAK, son of Sri Sakaldeo Pathak, resident of village- Samar, Police Station- Nanpur, District- Sitamarhi, Bihar. …. Petitioner. Versus 1. THE STATE OF BIHAR through the Chief Secretary, Old Secretariat Patna, Bihar. 2. the Secretary, Human Resources Development Department New Secretariat, Patna. 3. the Director, (Secondary Education), Cum Special Secretary, Human Resources Development Department, Patna. 4. The Director, Student and Youth Welfare cum Special Secretary, Art Culture and Youth Department, New Secretariat, Patna. 5. the Regional Deputy Director of Education, Darbhanga Commionary, Darbhanga. .. Respondents. ----------- 2. 25.08.2010 No one appears for the petitioner. Counsel for the State is present. The following prayer of the petitioner in this writ application; “1. that this is an application for issuance of appropriate writ and or direction and/or order commanding the respondents the petitioner as a logic teacher in Inter Colleges/ Higher Secondary Schools where he has applied and/ or issuance of consequential writ or writs under the facts and circumstances of this case.” has been answered by the respondents, District Education Officer, Darbhanga in his counter affidavit, a copy whereof was served on the counsel for the petitioner on 19.7.2007. 2 The respondents having given the details of the available posts and the manner of appointment undertaken have taken a categorical stand in paragraph 10 of the counter affidavit that there is no sanctioned post of logic teacher against which the appointment of the petitioner could be made. The petitioner has not filed any rejoinder to the said counter affidavit in last three years and therefore this Court will have to proceed on the basis that the appointment of the petitioner on the post of logic teacher could not have been made in absence of sanctioned post. That being so, this writ application has got no merit and is dismissed accordingly. kanchan (Mihir Kumar Jha, J.)