IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.188 of 2009 MD.MASLEUDDIN, S/O LATE MD. BABU JAAN, R/O- VILLAGE RATANPURA, P.S. BOCHAHA, DISTRICT – MUZAFFARPUR. ………… PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE SECRETARY, PRIMARY, SECONDARY AND ADULT EDUCATION, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA. 3. THE COMMISSIONER, TIRHUT DIVISION, MUZAFFARPUR. 4. THE COLLECTOR-CUM-DISTRICT MAGISTRATE, MUZAFFARPUR. 5. THE BLOCK DEVELOPMENT OFFICER, BOCHAHA, DISTRICT – MUZAFFAPUR. 6. THE SUB-DIVISIONAL OFFICER, EAST MUZAFFARPUR. 7. GRAM PANCHAYAT RAJ LOHSARI, BLOCK + P.S. BOCHAHA, DISTRICT – MUZAFFAPUR THROUGH ITS MUKHIYA. 8. THE MUKHIYA, GRAM PANCHAYAT RAJ LOHSARI, BLOCK + P.S. BOCHAHA, DISTRICT – MUZAFFARPUR. 9. THE PANCHAYAT SACHIV, GRAM PANCHAYAT RAJ LOHSARI, BLOCK + P.S. BOCHAHA, DISTRICT – MUZAFFARPUR. 10. TALAT FATIMA, D/O- MD. SHAKIR, PRESENTLY WORKING AS PANCHAYAT TEACHER, (PREVIOUSLY SHIKSHA MITRA) PRIMARY SCHOOL (URDU), GHOCHA, BHAGWANPUR BLOCK – BOCHAHA, DISTRICT – MUZAFFARPUR. 11. MD. FAKRE ALAM S/O LATE MD. DAUD, PRESENTLY WORKING AS PANCHAYAT TEACHER (PREVIOUSLY PANCHAYAT SHIKSHA MITRA) UPGRADED MIDDLE SCHOOL (URDU) RATANPURA, BLOCK + P.S.- BOCHAHA, DISTRICT – MUZAFFARPUR. …………. RESPONDENTS. ----------- 04/ 22.07.2011 Heard counsel for the petitioner and counsel appearing for the State. Petitioner had applied for his appointment as Panchayat Shiksha Mitra in the year, 2003. His candidature was not considered and others were appointed. The grievance of the petitioner was that the relevant roaster relating to appointment of Panchayat Shiksha Mitra of the year 2003 no school was marked as Urdu school and that is the reason he could not be appointed as Panchayat Shiksha Mitra, considering his 2 qualification of Maulvi and Fokani. Any engagement to the post of Panchayat Shiksha Mitra used to be done for 11 months. Petitioner’s candidature was not considered in the year 2003. Subsequently, in the year 2004, 2005 and 2006 some candidates must have been appointed on this post, whose appointments have not been challenged by the petitioner. I do not find any merit in the prayer of the petitioner, considering the fact that the post of Panchayat Shiksha Mitra become non-existing after coming into force of Bihar Panchayat Primary Teachers (Appointment and Service Conditions) Rules, 2006, now petitioner cannot claim to be appointed for the reason that in the year 2006 he was not working on the post of Panchayat Shiksha Mitra. For all these reasons, I find no merit in this application, it is dismissed. DKS/ (Mridula Mishra, J.)