IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11562 of 2009 ANAND KUMAR SINGH Versus THE STATE OF BIHAR & ORS ----------- 2. 3-Nov-09 Heard the counsel for the petitioner and the counsel appearing for the state. The petitioner has challenged the appointment of respondent No 13 on the post of Panchayat Shiksha Mitra made in the year, 2005. As per petitioner’s own admission, there were only two vacancies and in the merit list, petitioner’s name being at serial No. 3, she was not appointed. But later on, the authorities came to know that respondent No. 13 was appointed on the basis of forged certificates, as such, her appointment was cancelled. In this circumstance, a vacancy accrued on termination of respondent No. 13, and the petitioner being third in the panel, should have been appointed on the post of Panchayat Shiksha Mitra. This application filed by the petitioner, after four years of the appointment/termination of respondent No. 3 is not maintainable as time barred. Further the petitioner has not stated that at any point of time, he did raise any objection against the appointment of respondent No. 13. Even if the respondent No. 13 was terminated from his service, and a vacancy was created, as per the government’s policy decision, this vacancy could not have been filled up from old panel. Fresh process for appointment had 2 to be initiated for filling up that vacancy. This is another reason for not entertaining this writ application for the reason that at present, there is no existing post of Panchayat Shiksha Mitra, as it has become non existent after coming into force of Bihar Panchayat Teachers (Appointment and Service Conditions) Rules, 2006, no direction can be issued for petitioner’s appointment as Panchayat Shiksha Mitra. Since the petitioner was never appointed on the post of Panchayat Shiksha Mitra, as such, no direction can be issued for his absorption on the post of Panchayat Teacher. This writ application is being dismissed for all those reasons, mentioned above. AKV/ (Mridula Mishra, J.)