IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7344 of 2009 Shambhu Sharan Choudhary,son of Sri Sobha Kant Choudhary,resident of village-Dhepura,P.S.Dalsingh Sarai,District-Samastipur…Petitioner Versus 1.The State of Bihar through the Director,Primary Education,Bihar,Patna 2.The Director, Primary Education, Bihar, Patna. 3.District Magistrate, Samastipur. 4.The District Education Officer, Samastipur. 5.The District Superintendent of Education, Samastipur. 6.The Block Education Extension Officer, Salsingh Sarai, Distsrict-Samastipur. 7.Panel Preparing Committee for the appointment of Panchayat Teacher/Siksha Mitra through its Chairman the Mukhiya, village Panchayat Raj Nawada under Block Dalsingh Sarai in the District of Samastipur. 8. Mukhiya, Village Paanchayat Raj Nawada under Block Dalsingh Sarai in the District of Samastipur. 9. Panchayat Secretary,Village Panchayat Raj Nawada under Block Dalsingh Sarai in the District of Samastipur………………………………..Respondents 2 2.7.2009 Heard counsel for the petitioner and counsel appearing for the State. Petitioner has filed this application for quashing the order dated 12.11.2005 passed under the signatures of Mukhiya, Gram Panchayat Raj Nawada and the Secretary, Gram Panchayat Raj Nawada. Petitioner’s case is that he was appointed in place of one Ajay Kumar Sah by an order dated 12.11.2005 without indicating his date of appointment and on the same day his appointment was cancelled due to his non-joining on the post. Counsel for the petitioner has not been able to show as to what was the date on which Ajay Kumar Sah joined 2 the post. He is also unable to show that in the panel prepared in the year 2005, the name of Ajay Kumar Sah was just above the name of this petitioner and as such the vacancy created in case of Ajay Kumar Sah’s termination/leaving the service, petitioner was the next man to be appointed. The petitioner has claimed for his appointment as Shiksk Mitra, when the post of Shiksk Mitra has become non-existent with effect from 1.7.2006. Petitioner has not been able to make out a case for interference with the impugned order. Accordingly, the application is dismissed. SKBOSE (Mridula Mishra)