IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7535 of 2009 SANTOSH KUMAR, S/0 SRI UPENDRA SHARMA, RESIDENT OF VILLAGE- SARAI DHANESH, P.O.-SAHADAI BUZURG, P.S.-DESARI (SAHADAI O.P.) DISTRICT-VAISHALI ………. ……….. PETITIOENR. Versus 1. THE STATE OF BIHAR, THROUGH its Secretary, Human Resources Department, Bihar, Patna. 2. The Director , Primary Education , Bihar, Patna. 3. The Deputy Development Commissioner, Vaishali at Hajipur. 4. The District Magistrate, Vaishali at Hajipur. 5. The District Superintendent of Education, Vaishali at Hajipur. 6. The Block Development Officer , Sahadai Block, District-Vaishali. 7. The Block Education Extension Officer, Sahadai Block, District-Vaishali. 8. The Principal Secretary , Gram Panchayat Raj, Sahadai Bujurg, District- Vaishali. 9. The Mukhiya, Gram Panchayat Raj, Sahadai Bujurg, District-Vaishali ………… ………… Respondents. ----------- 2. 08.07.2009 Heard learned counsel for the petitioner and the counsel appearing for the state. Petitioner has filed this application for directing the respondents to appoint him as Panchayat Shikcha Mitra on the basis of direction given by the Block Development Officer, Sahadai, Vaishali. On perusal of the impugned annexures, it transpires that the petitioner was not selected for being engaged as Panchayat Shikcha Mitra in the year, 2003. Counsel for the petitioner states that an inquiry was directed to be conducted in this regard, but in respect of this contention, there is no document that petitioner was not selected illegally ignoring the guidelines. Admittedly, the petitioner was not working on the post of Panchayat Shikcha Mitra on 01.07.2006, i.e. the date 2 when Bihar Primary Teachers (Appointment and Service conditions) Rule, 2006 came into effect. Only such Panchayat Shikcha Mitras who were working on the relevant date, could have been absorbed as Panchayat Teacher as provided under rule 20 of 2006 Rules. I do not find that the petitioner has any right to claim for his absorption on the post of Panchayat Teacher as he had never been selected as Panchayat Shikcha Mitra. So far the post of Panchayat Shikcha Mitra is concerned, it do not exist and no direction can be issued to the respondent for appointment of the petitioner against a non-existent post. This application is dismissed. akv/ ( Mridula Mishra, J )