IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.16683 of 2009 ===================================== Jai Prakash Kumar S/O Amir Das R/O Vill Nathupur, P.O. Doghra, Distt- Patna. .... .... Petitioner. Versus 1. The State Of Bihar , Through The Secretary, Human Resources Department Govt. Of Bihar, Patna 2. The District Magistrate Patna 3. The District Superintendent Of Education Patna 4. The Block Development Officer Null Bihata, Patna 5. The Mukhiya Gram Panchayat Kunjwa, Patna 6. The Panchayat Secretary, Gram Panchayat Kunjwa, Bihta, Patna 7. Vinay Kumar S/O Mala Rai R/O Vill Kunjwa, P.O. Doghra, P.S.Bihta, Distt- Patna. .... .... Respondents. ===================================== 4 03.05.2011 Annexure-12 is the order dated 23.09.2009 which has been passed by the District Teacher Appointment Appellate Authority, Patna. Claim of the petitioner for his appointment on the post of Panchayat Shiksha Mitra has now been rejected by giving a finding by the Appellate Authority. In the changed circumstances and the subsequent development which have taken place the grievance of the petitioner for his non-selection on the post of Panchayat Shiksha Mitra is a non-issue. Briefly, the petitioner made an allegation that even though he had higher percentage of marks and belonged to the EBC category, his case was rejected on the spacious ground that he had not furnished his caste certificate along with the application whereas one Vinay Kumar, private respondent no.7, came to be appointed. In the opinion of this Court all these disputes are not required to be gone into in the changed circumstances because after 01-07-2006 there is no post available of Panchayat Shiksha Mitra which is required to be filled up. Only those persons who were occupying the post became Panchayat Shikshak by a deeming provision but since petitioner never came to be appointed and was fighting to get the post of Panchayat Shiksha Mitra, therefore he never came to be appointed and that status continues even today. Since the post of Panchayat Shiksha Mitra is not available the dispute or the adjudication remains academic and no order in favour of the petitioner ultimately can be passed whatever be the merit of his claim with regard to denial of appointment as Panchayat Shiksha Mitra. In the above circumstances the court does not want to comment on the merits or the reasonings given by the Appellate Authority because petitioner cannot be appointed to a non-existent post. This writ application is dismissed. PN (Ajay Kumar Tripathi, J.)