IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2328 of 2007 SANJAY KUMAR son of Shri Yadava Lal Rai, village and P.O.Morsandi, P.S. Motipur, District Muzaffarpur. Versus 1. THE STATE OF BIHAR through the Commissioner and Secretary, Human Resources Development Department, Vikas Bhawan, Patna. 2. Director, Primary Education Bihar, Vikas Bhawan, Patna. 3. District Magistrate, Muzaffarpur. 4. District Superintendent of Education, Muzaffarpur. 5. Mukhiya Morsandi Gram Panchayat, Morsandi, Anchal Motipur, District Muzaffarpur. 6. Secretary, Morsandi Gram Panchayat, Morsandi, Anchal Motipur, District Muzaffarpur. ----------- 2 28.09.2010 Having heard counsel for the petitioner and counsel for the State as with regard to the following relief:- “That this is an application by the abovenamed petitioner for issuance of an appropriate writ/ order/ direction to consider selecting and employing the petitioner as Panchayat Shiksha Mitra in Primary school of Morsandi Gram Panchayat from the panel in view of vacancies caused as ordered on 3.1.2007 by the District Magistrate under clause 14 of amended Panchayat Shiksha Mitra (Terms and conditions). Rule and employ him as such in accordance with law.” and that the earlier writ application of the petitioner, C.W.J.C. No.3971 of 2006 as with regard to his appointment had been specifically dismissed, this Court would not find it possible to issue now a direction for his appointment on the post of Siksha Mitra specially when such post stands already abolished w.e.f. 1.7.2006. As a matter of fact, the impugned order which has been passed for cancelling appointment of three other persons, namely, choudhary Charan Singh, Devendra Rai and Anita Rai by holding the post of Siksha Mitra is bad, will also not entail the 2 consequential relief in favour of the petitioner for also his appointment on the post of Siksha Mitra, inasmuch as, such prayer was straight way rejected by this Court by order dated 7.9.2006 in C.W.J.C. No.3971 of 2006 as also in view of abolition of the post of Siksha Mitra. That being so, this application is wholly misconceived and is accordingly dismissed. Abhay Kumar ( Mihir Kumar Jha, J.)