IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12972 of 2010 1. JULI KUMARI W/O RAJESH KUMAR R/O VILL.+PANCHAYAT - MEHDA SAHPUR, P.S.- CHERIABARIARPUR,BLOCK OFFICE- CHERIABARIARPUR,DIST.-BEGUSARAI Versus 1. THE STATE OF BIHAR 2. THE SECRETARY,PRIMARY AND BASIC EDUCATION,BIHAR SECRETARIATE ,PATNA. 3. THE DISTRICT MAGISTRATE ,BEGUSARAI. 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, BEGUSARAI 5. THE BLOCK DEVELOPMENT OFFICER,BLOCK-OFFICE- CHERIABARIYARPUR , DIST.-BEGUSARAI. 6. THE BLOCK EDUCATION EXTENTION OFFICER BLOCK- OFFICE-CHERIABARIYARPUR ,DIST.-BEGUSARAI. 7. THE MUKHIYA,MEHDA SAHPUR GRAM PANCHAYAT,BLOCK-OFFICE-CHERIABARIYARPUR ,DIST.- BEGUSARAI 8. THE PANCHAYAT SECRETARY,GRAM PANCHAYAT,MEHDA SAHPUR ,BLOCK-OFFICE- CHERIABARIYARPUR ,DIST.-BEGUSARAI. 9. MILTON KUMARI W/O VIVEKANAND "VATSHA" R/O VILL. + PANCHAYAT - MEHDA SAHPUR, P.S.- CHERIABARIYARPUR,BLOCK - OFFICE - CHERIABARIYARPUR,DIST.-BEGUSARAI. ----------- 02. 05.04.2011 Impugned order is Annexure-8 which has been passed by the District Teachers Employment Appellate Authority, Begusarai and is dated 17.7.2010. By virtue of this order in the concluding part of the said decision, specially para- 6, the tribunal has held that after coming of 2006 rules and annulment of the earlier rules and the notification of the Human Resource Development Department, no person can be appointed on the post of Panchayat Shiksha Mitra and therefore the claim of the petitioner was rejected. Submission of the counsel for the petitioner is that 2 since the complaint of the petitioner was pending before various authorities including the District Magistrate as would be evident from Anneuxre-2, her right is not extinguished and the tribunal to that extent has committed an error. In the opinion of this Court, there is no error in the findings recorded by the appellate authority because the Court is of the considered opinion that if the rule or the law has undergone a change and the post on which petitioner was a claimant was abolished after 1.7.2006, no case survives for such appointment. Since the petitioner was never appointed on the post of a Panchayat Shiksha Mitra, therefore, by deemed fiction she cannot even be treated as Panchayat teacher because only such persons who were working as Panchayat Shiksha Mitra, became Panchayat teachers by virtue of the rule notified by the State Government. The adjudication of the claim of the petitioner is only academic now. No interference is warranted with the order of the appellate authority. The writ application is dismissed. rkp ( Ajay Kumar Tripathi, J.)