IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8975 of 2006 SIMMI KUMARI, w/o Sri Sanjay Kumar, resident of village- Hasanpur, P. O. Mahisona, P. S. & District- Lakhisarai. … petitioner. Versus 1. THE STATE OF BIHAR through the Secretary, Primary, Secondary & Adult Education, Govt. of Bihar, Patna. 2. Director, Primary Education, Govt. of Bihar, Patna. 3. District Magistrate, Lakhisarai. 4. District Superintendent of Education, Lakhisarai. 5. Deputy Development Commissioner, Lakhisarai. 6. Mukhiya Mahisona Gram Panchayat, P. S. & District Lakhisarai. 7. Panchayat Sevak Mahisona Gram Panchayat, Lakhisarai. 8. Poonam Kumari wife of not known, at present working as Shiksha Mitra at Middle School Hasanpur, Lakhisarai. … Respondents. ----------- 2. 24.08.2010 Heard counsel for the petitioner and counsel for the State. The following prayer of the petitioner “1. That the petitioner has been compelled to invoke the writ jurisdiction of this Hon’ble Court for issuance of a writ in the nature of Mandamus, to direct and command the respondents to consider the appointment of the petitioner on the post Shiksha Mitra, in the School of Mahisona Gram Panchait, as persons less qualified and less eligible than her, have been appointed as Shiksha Mitra which is violative her fundamental right guaranteed under Article 14 and 16 of the Constitution of India. Further be pleased to quash the select list dated 2.8.2005 as contained in annexure-2/1 prepared by respondent no. 6 and 7 by making interpolation in the column of date of birth and name of the petitioner has been excluded maliciously 2 as petitioners name figured in the annexure-1 at Sl. No. 6 in unreserved category.” in the opinion of this Court has admittedly become infructuous in view of abolition of post of Shiksha Mitra. The submission of counsel for the petitioner that the post of Shiksha Mitra has not been abolished and in fact it is only converted into the Panchayat Shikshak has to be only noted for its being rejected. What really the State Government has done is that those persons who were continuing as Shiksha Mitra on the appointed date i.e. 1.7.2006 were only given the benefit of deemed absorption on the post of Panchayat Shikshak. In the present case, the tenure of Shiksha Mitra being only 11 months and the petitioner’s challenge to the select list of Shiksha Mitra dated 2.8.2005 must therefore be held to have lost its all importance in view of the change of policy of the Government abolishing the post of Shiksha Mitra. That being so, this writ application has become infructuous and is dismissed accordingly. kanchan (Mihir Kumar Jha, J.) 3