IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10201 of 2010 1. AMIT KUMAR RAHI, S/O BADRI NARAYAN MANDAL, VILLAGE SAHKOL , POST BABHANI, P.S. DAGARUA, DISTRICT- PURNEA. Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT,GOVT. OF BIHAR,PATNA. 2. THE DISTRICT MAGISTRATE,PURNEA, DISTRICT PURNEA. 3. THE DISTRICT SUPERINTENDENT OF EDUCATION,DISTRICT- PURNEA. 4. THE BLOCK EDUCATION EXTENSION OFFICER, DAGARUA BLOCK , DISTRICT- PURNEA. 5. THE DISTRICT TEACHER APPOINTMENT APPELLATE AUTHORITY, PURNEA, THROUGH ITS MEMBER, DISTRICT- PURNEA. 6. THE MUKHIYA GRAM PANCHAYAT RAJ, BABHNI, P.S. DAGARUA,DISTRICT- PURNEA. 7. GRAM PANCHAYAT RAJ, DAGARUA,THROUGH ITS PANCHAYAT SACHIV, P.S. DAGARUA, DISTRICT- PURNEA. ----------- 2 03/03/2011 The Court does not find any infirmity with the decision of the District Teachers Appointment Appellate Authority, Purnea since admitted position is that merely because certain person’s appointment had been found to be illegal which ended up in their removal as Shiksha Mitra, does not mean that the petitioner can be appointed on the said post since after 01.07.2006 the post of Panchayat Shiksha Mitra does not exist and, therefore, there was no occasion for the Appellate Authority to give - 2 - any direction for his appointment to the post. The Appellate Authority has rightly held that no direction can be given in favour of the petitioner merely because vacancy has been caused due to removal of illegally appointed persons. There is no merit or infirmity in the decision as such. This writ application is dismissed. If the petitioner otherwise fulfills the requirement in any future vacancy and is found legible, his case may be considered on its own merit. AMIN/ (Ajay Kumar Tripathi, J.)