IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11529 of 2006 1. Ravindra Dayal Singh, Son of Sri Banke Prasad, Resident of Village Mahagupur, P.O. Dharampur, P.S. Noor Sarai, District Nalanda. 2. Smt. Nirmla Kumari, Wife of Sri Subodh Kumar, Resident of Village Dharampur, P.O. Dharampur, P.S. Noor sarai, District Nalanda. ------- Petitioners Versus 1. The State of Bihar. 2. The Secretary, Primary and Adult Education, New Secretariat, Patna. 3. The Director, Primary Education, New Secretariat, Patna. 4. The District Magistrate, Nalanda at Biharsharif. 5. The District Superintendent of Education, Nalanda at Biharsharif. 6. The Block Education Extension Officer, Noorsarai, Nalanda at Biharsharif. 7. The Mukhiya Barakhurd Panchayat, Block Noor Sarai, District Nalanda. --------- Respondents ----------- 2 24.08.2010 No one appears on behalf of the petitioners. Counsel for the State is present. The prayer of the petitioners in this writ application reads as follows:- “1(i) Issuance of a writ of mandamus directing to the respondents as to why less marks obtained by other candidates have been appointed as a Shiksha Mitra in Bara Khurd Panchayat at Noor Sarai Block in the Nalanda District (Bihar) in the year 2003 by respondent no.7 and higher marks obtained in Bihar School Examination Board by the petitioners not been appointed by respondent no.7. (ii) Issuance for further direction to 2 the respondents that the appointment of other candidates whose marks is less may be quashed and a direction may be issued to the respondents that on that place both petitioners may be appointed as a Shiksha Mitra in Barakhurd Panchayat at Noor Sarai Block in the District Nalanda. (iii) Issuance of further direction to the respondents to start a proceeding against whom who committed this error knowingly and deliberately.” As with regard to the aforementioned prayers, even if the writ application is perused as a whole, it would be found that the grievance of the petitioners, either in respect of their non-selection or the selection of others on the post of Shiksha Mitra, has now become academic in view of the fact that the post of Shiksha Mitra has itself been abolished with effect from 1.7.2006 and this writ application was filed on 18.9.2006. As a matter of fact, the issue of committing illegality in earlier appointment of the Shiksha Mitra in the year 2003, will definitely amount to reopening the earlier proceedings after more than lapse of seven years as on date and more than three 3 years on the date of filing of the writ application. This application, therefore, has to be dismissed both on account of abolition of the post of Shiksha Mitra with effect from 1.7.2006 as also due to the delay and laches on the part of the petitioner in moving this Court for assailing the appointment made in the year 2003. Counsel for the State is also correct raising the plea of non-joinder of necessary party, inasmuch as, those persons who were appointed as Shiksha Mitra in the year 2003 has also not been impleaded in this writ application. Thus, for the reasons indicated above, this writ application, being devoid of any merit, is hereby dismissed. Rsh (Mihir Kumar Jha, J.)