IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11109 of 2006 1. NILAM KUMARI SINHA, W/o Ravi Kumar 2. Virendra Chaudhary, son of Badho Choudhary 3. Kumod Kumar, son of Nageshwar Prasad All are resident of village Kenar Chatti, (Karichatti) Panchayat Kari, Prakhand, Wazirganj, P.S. Wazirganj, District Gaya … Petitioners Versus 1. THE STATE OF BIHAR 2. The District Magistrate, Gaya 3. The District Education Superintendent, Gaya 4. Mukhiya, Kari Panchayat, Wazirganj Prakhand, Gaya 5. Headmaster of Senior Middle School, in Kari Panchayat Wazirganj Prakhand, Gaya 6. Vice Mukhiya, Kari Panchayat, Wazirganj Prakhand, Gaya 7. Amarlata Verma, wife of Anil Kumar, teacher, Kanya Prathmik Vidyalaya, Kenarchatti, Via Tarwan, P.S. Wazirganj, District Gaya 8. Mamta Kumari, D/o Rajiv Kumar teacher, Rajkiya Madhya Vidyalaya, Karisowa village Karisowa Via Wazirganj, P.S. Wazirganj, District Gaya 9. Namrata Kumari, D/o Rajesh Kumar, teacher, Rajkiya Madhya Vidyalaya Karisowa, village Karisowa, P.S. Wazirganj, Via Wazirganj, District Gaya 10. Sakaldeo Prasad, son of Mulash Choudhary, teacher, Prathamik Vidyalaya, Khajuri, P.O. Karisowa, Via Wazirganj, P.S. Wazirganj, District Gaya 11. Prasen Kumar, son of Lalan Singh, Teacher, Kanya Prathmik Vidyalaya, Kenarchatti, village Kenarchatti, Via Tarwan, P.S. Wazirganj District Gaya 12. Rana Vijay Singh, son of Inderdeo Singh, Teacher, Prathamik Vidyalaya, Khajuri, Village Khajuri, P.O. Karisowa, Via Wazirganj, P.S. Wazirganj, District Gaya … Respondents ----------- 2. 1.9.2010 No one appears for the petitioners. Even Yesterday when the case was called out this case was passed over only to accommodate the counsel for the petitioners. 2 The prayer of the petitioners in this writ application reads as follows: “That this application is being submitted for issue writ in the nature of mandamus or direction or issuance to the respondents no. 1 to 6 to appoint the petitioners in place of respondents no. 7 to 12, after cancelling their appointment of Teachers who have been illegally appointed by respondents no. 1 to 6 ignoring the case of petitioners.” This Court having perused the material on record as also having heard the counsel for the respondent State and also after taking into account the averments made in the counter affidavit is satisfied that the main relief of the petitioners as with regard to their appointment on the post of Shiksha Mitra is now no longer available in view of abolition of the post of Shiksha Mitra with effect from 1.7.2006. The ancillary relief sought by the petitioners as with regard to cancelling the appointment of respondents no. 7 to 12 has also been answered by the respondents in their counter affidavit wherein it has been stated that their appointment on the post of 3 Shiksha Mitra was subjected to an enquiry and it was found that there was no infirmity in their appointment. Despite service of such counter affidavit on the counsel for the petitioners on 27.2.2007 nothing has been brought on record by way of rejoinder affidavit controverting any of the statement made by the respondents in their counter affidavit. That being so, this application must be held to have become infructuous and is dismissed accordingly. (Mihir Kumar Jha,J.) Surendra/