IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7468 of 2010 1. SANJAY KUMAR YADAV S/O JAG NARAYAN YADAV R/O VILL.- CHOURAHOORI, P.S. KUSHESHWAR ASTHAN, DISTT.- DARBHANGA Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, VIKASH BHAWAN, PATNA 2. THE DIRECTOR, PRIMARY EDUCATION GOVT. OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE, DARBHANGA 4. THE DISTRICT SUPERINTENDENT OF EDUCATION DARBHANGA, DISTT.- DARBHANGA 5. THE SUB DIVISIONAL OFFICER BIRAUL, DISTT.- DARBHANGA 6. THE BLOCK DEVELOPMENT OFFICER KUSHESHWAR ASTHAN, DISTT.- DARBHANGA 7. THE BLOCK EDUCATION EXTENSION OFFICER KUSHESHWAR ASTHAN, DISTT.- DARBHANGA 8. MUKHIA GRAM PANCHAYAT RAJ CHIGARI SIMARAHI P.S. KUSHESHWAR ASTHAN, DISTT.- DARBHANGA 9. PANCHAYAT SECRETARY GRAM PANCHAYAT RAJ CHIGARI SIMARAHI, P.S.- KUSHESHWAR ASTHAN, DISTT.- DARBHANGA ----------- 2 21/01/2011 Heard learned counsel for the petitioner and learned counsel for the State. The impugned order is annexure-1 to the writ application which has been passed by the District Teachers Appointment Appellate Authority, Darbhganga. By virtue of this order the claim of the petitioner for being appointed on the post of Panchayat Shikshak in light of his reinstatement on the post of Shiksha Mitra has been rejected. - 2 - There is a clear finding recorded by the Appellate Authority that the petitioner was not functioning as a Panchayat Shiksha Mitra on 1.07.2006 whatever be the circumstance and if he was not occupying the post, he could not be engaged or continued or regularized on the post of Panchayat Shikshak. There are materials to show that the petitioner had to be removed in the circumstances as he was absconding from the school which led to his removal. This is one of the aspects which cannot be looked into now; especially when the post of Shiksha Mitra does not exist. Removal was good enough for the petitioner not to be regularized from 1.07.2006. Matter cannot be reopened now. This writ application is dismissed. AMIN/ (Ajay Kumar Tripathi, J.)