1 IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10480 of 2006 1. MANOJ KUMAR, son of Sri Shashibhushan Prasad 2. Santosh Kumar, son of Sri Shashibhushan Prasad Sinha Both resident of Jagamanpur, P.S. Dhansoin, District Buxar 3. Alok Kumar, son of Sri Ramakant Singh 4. Rambha Kumari, D/o Sri Adityanarayan Rai Resident of village Moharianh, P.S. Dhansoin, District Buxar … Petitioners Versus 1. THE STATE OF BIHAR 2. Secretary, Primary Education Department, Bihar, Patna 3. The District Magistrate, Buxar 4. The District Education Superintendent, Buxar 5. The District Education Officer, Buxar 6. The Block Education Extension Officer, Rajpura, Buxar 7. The Block Development Officer, Rajpur, Buxar 8. The Mukhia, Delpha Gram Panchayat, Rajpur, Buxar 9. The Panchayat Sevak, Dulpha Gram Panchayat, Rajpur, Buxar … Respondents ----------- 2. 24.8.2010 No one appears for the petitioners. Counsel for the State is present. The prayer of the petitioners in this writ application reads as follows: “(A) A writ in the nature of certiorari or any other appropriate writ, order/ orders quashing the order dated 1.6.2005 issued under signature of Mukhiya respondent no.8 appointed Siksha Mitra in different primary and middle school of Dulpha Panchayat (Annexure 7). (B) A writ in the nature of mandamus or any other appropriate writ, order/ orders commanding the 2 respondent for the following: (i) To treat the order dated 1.6.2005 contained in Memo No.2 (Annexure 7) to the petition, to be nullity and nonest in the eye of law. (ii) To treat the order contained in memo no.2 dated 1.6.2005 is contrary to the circular/ guidelines issued by Govt. of Bihar for appointment on the post of Shiksha Mitra. (iii) to direct the respondent to appoint Shiksha Mitra according to the circular/ guidelines issued by the State Govt. (iv) To direct the respondent to appoint the candidate on the post of Shiksha Mitra according to the merit.” As would be evident the relief seeking appointment of the petitioners on the post of Shiksha Mitra on 25.8.2006 when this writ application was filed would no longer survive in view of the fact that the post of Shiksha Mitra has been abolished with effect from 1.7.2006. So far challenge of the petitioners to the appointment of Shiksha Mitra made by respondent no.8 is concerned, the said appointment having been admittedly made on 3 1.6.2005 if the petitioner has not even made such persons as party to this writ application and they after abolition of the post of Shiksha Mitra and in view of continuation of Shiksha Mitra as on 1.6.2006 have been absorbed on the post of Panchayat Shikshak their appointment as Shiksha Mitra cannot be adjudicated much less interfered, inasmuch as there is a delay of more than 15 months in assailing such appointment of Shiksha Mitra during which the entire nature of appointment has been changed. That being so, this application has become infructuous and is dismissed accordingly. (Mihir Kumar Jha,J.) Surendra/