IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16586 of 2010 RAKESH CHANDRA Versus THE STATE OF BIHAR & ORS ----------- 2. 09.05.2011 Annexure 4 is the order of the District Teachers Employment Appellate Authority, Bhaglapur. This order has been passed on appeal having been filed by the petitioner alleging therein that person with lesser weightage came to be appointed and this petitioner having weightage of 19 was ignored at the time of selection of Panchayat Siksha Mitra . Finding of irregularity and ignoring the claim of the petitioner was found to be in order and it is in this background that the Appellate Authority has cancelled the appointment of one Rupesh Kumar who was the person appointed in place of the petitioner with lesser weightage. The question being raised by the petitioner is that there ought to have been a direction by the Appellate Authority to appoint the petitioner on the post, in the background under which the findings came to be recorded in favour of the petitioner. The Court has some difficulty in accepting such a statement in view of the fact that the issue raised by the petitioner was his non- selection on a so-called post of Panchayat Siksha Mitra which came to be abolished after the 2006 rules came into force w.e.f. 1.7.2006. If the post does not exist no case for issuing a direction for appointment of the petitioner, on an abolished post can be made whatever be the background under which the petitioner was denied a break in life at the 2 relevant time. Cancellation of the illegally selected candidate cannot be termed to be erroneous but non grant of direction for appointment of the petitioner on the said post is no infirmity is in conformity with the rule. No interference is required with the said order. This writ petition is dismissed. Prakash ( Ajay Kumar Tripathi, J.)