IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8355 of 2009 BIDYA NAND ROY, SON OF KAMESHWAR ROY, RESIDENT OF VILLAGE-THANWAR, P.S. MAHISHI, DISTRICT-SAHARSA …….. …………...PETITIONER. Versus 1. THE STATE OF BIHAR through the Secretary, Human Resources Development Department, Bihar, Patna. 2. The District Magistrate, Saharsa. 3. The Block Development Officer , Mahishi, Saharsa. 4. The Secretary, Arapati Gram Panchayat , Mahishi, Saharsa ………………….. ………. Respondents. ----------- 2. 23/07/2009 Heard learned counsel for the petitioner and the counsel appearing for the state. Petitioner has prayed for quashing the order dated 21.06.2008 passed by Block Development Officer, Mahishi, Saharsa contained in Memo No. 532 refusing to issue any direction for appointment of the petitioner, on the post of Panchayat Shikcha Mitra in the most backward category for the reason that a ban has been imposed by the Human Resources Development Department, Bihar, Patna vide its letter No 1899 dated 10.11.2006, on account of non-existence of the post of Panchayat Shikcha Mitras. Petitioner’s case is that one, Laxman Mistri had illegally been appointed on the post of Panchayat Shikcha Mitra. Complaint was filed before the Block Development Officer and by the impugned order, appointment of Laxman Mistri has been cancelled as it was found that he got appointment on the basis of false Caste Certificate. Since the petitioner was next to Laxman Mistri and post of Panchayat 2 Shikcha Mitra fell vacant on account of Laxman Mistry’s termination, the petitioner should have been appointed on the post. I do not find any error in the impugned order for the reason that on account of non-existence of Panchayat Shikcha Mitra post, no direction can be issued for appointment on this post in the light of the Letter issued by Human Resources Development Department, Bihar, Patna. Vide Letter No. 1899 dated 10.11.2006. Accordingly, this application is disposed of. akv/ ( Mridula Mishra, J )