IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2072 of 2007 1. SEEMA TIWARI wife of Atul Mishra 2. Mukesh Mumar Mishra son of Sri Balmukund Mishra. 3. Punit Kumar Mishra son of Pashupati Nath Mishra All resident of village- Mangu Raha, P.S. Govindganj, District- East Champaran. ….. Petitioners. Versus 1. THE STATE OF BIHAR 2. The Collector, Motihari, East Champaran. 3. The District Education Superintendent, Motihari. 4. The Block Development Officer, Areraj, Motihari. 5. the Block Education Officer, Areraj, Motihari. 6. Braj Bhushan Mishra, Mukhiya cum Chairman Sukh Subidha Samittee, Manguraha Panchayat, Block- Areraj, District- East- Champaran. 7. Jan Sevak- cum- Secretary, Sukh Subidha Samittee, Manguraha Panchayat, Block Areraj, District- East- Champaran. … Respondents. ----------- 2. 01.09.2010 Counsel for the petitioners at the outset in the light of the following joint prayer of all the petitioners; “(i) For quashing the selection list of the year 2005(Annexure-1) issued by the respondent authorities with respect to the appointment of Panchayat Siksha Mitra (PSM) under Manguraha Panchayat, Areraj Block, Motihari whereby and whereunder the concerning authorities have appointed the candidates on the said post who are less qualified than the petitioners and have obtained less marks/ weightage marks as per the criteria fixed under the appointment Rules (Annexure-2). (ii) For a direction to the respondent authorities to adhere with the appointment rules while appointing the candidates on the post of Panchayat Siksha Mitra (PSM) afresh considering 2 the case of the petitioners.” would submit that since the appointment of the petitioner no. 1 on the post Panchayat Shikshak has already been made by way of fresh appointment under 2006 Rules, he would not like to press this writ application for petitioner no.1. That being so, this writ application on behalf of petitioner no. 1 is dismissed as not pressed. As with regard to remaining two petitioners this Court would find that the solitary relief claimed by them as with regard to appointment on the post of Shiksha Mitra can no longer be gone into or decided in favour of the petitioner nos. 2 and 3 inasmuch as the said post has been abolished w.e.f. 1.7.2006 whereas this writ application was filed on 15.2.2007. That being so, this writ application so far it relates to petitioner nos. 2 and 3 have become infructuous and is dismissed accordingly. kanchan (Mihir Kumar Jha, J.)