IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3285 of 2007 PRABHA DEVI @ PRABHA KUMARI wife of Sri Devendra Prasad singh and D/o Sri Yadu Nandan Prasad r/o village and P.O. Modanganj, P.S. Ghosi, District Jehanabad. Versus 1. THE STATE OF BIHAR 2. The District Magistrate, Jehanabad 3. The District Superintendent of education, Jehanabad. 4. The Block Development Officer, Modanganj, District Jehanabad. 5. The Block Education extension Officer, Modanganj, Disrict Jehanabad. 6. The Mukhiya, Modanganj Grampanchayat, P.O. Modanganj, District Jehanabad. 7. The Panchayat Sevak Cum Panchayat Secretary, Modanganj Grampanchayat, P.O. Modanganj, district Jehanabad. 8. Rajesh Kumar s/o Mahesh Singh, r/o village and P.O. Modanganj, P.s. Ghosi, District Jehanabad. ----------- 2 1.10.2010 No one appears for the petitioner. Counsel for the State is present. In this writ application the following prayer of the petitioner, “This is an application for issuance of a writ in the nature of certiorari to quash the order of appointment as contained in memo no.2 dated 24.9.2003 issued by the respondent no.6 so far it relates to the appointment of the Respondent no.8 as Panchayat Shiksha Mitra in Modanganj Grampanhayat, district Jehanabad and his posting in Primary School, Maima, Modaganj, District Jahanabad which has been done on the basis of incorrect and illegal caste certificate of Backward class; and further for issuance of a writ in the nature of Mandamus and/or any othr appropriate writ, order or direction to the respondents to appoint the petitioner as Panchayat Shiksha Mitra of Grampanchayat Modanganj, District Jehanabad.” has become infructuous, inasmuch as, selection and appointment of respondent no.8 has already been cancelled as is clearly asserted in paragraph 9 of the counter affidavit which reads 2 as follows:- “That the with respect to averment made in paragraph no.18 it is humbly submitted that the appointment of the respondent no.8 has been cancelled by the Panchayat Secretary Madanganj due to illegal caste certificate (letter no.05 dt. 8.6.2008).” In view of the fact that rest of grievance of the petitner for her own appointment cannot be now allowed, inasmuch as, the post of Shiksha Mitra stands abolished w.e.f. 1.7.2006. That being so, this application is dismissed as having become infructuous. Abhay Kumar ( Mihir Kumar Jha, J.)