IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14838 of 2010 1. BHARAT BHUSHAN YADAV S/O BINDA PRASAD YADAV R/O VILL.- JAGAULIA, TOLA- GULAB KHAN, P.S.- MADHUBAN, DISTT.- EAST CHAMPARAN, MOTIHARI Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER-CUM-SECRETARY HUMAN RESOURCES DEVELOPMENT DEPTT., NEW SECRETARIAT, BIHAR, PATNA 2. THE DISTRICT MAGISTRATE, EAST CHAMPARAN, MOTIHARI 3. THE DISTRICT SUPERINTENDENT OF EDUCATION EAST CHAMPARAN AT MOTIHARI 4. THE MEMBER, DISTRICT TEACHERS EMPLOYMENT APPELLATE TRIBUNAL EAST CHAMPARAN, MOTIHARI 5. THE BLOCK DEVELOPMENT OFFICER, MADHUBAN, MOTIHARI 6. THE BLOCK EDUCATION EXTENSION OFFICER, MADHUBAN, MOTIHARI 7. THE MUKHIYA, BHELWA GRAM PANCHAYAT, MADHUBAN, MOTIHARI 8. THE PANCHAYAT SECRETARY, BHELWA GRAM PANCHAYAT, MADHUBAN, MOTIHARI 9. RAJESHWAR THAKUR S/O BIRENDRA THAKUR R/O VILL.- BHELWA, P.S.- MADHUBAN, DISTT.- EAST CHAMPARAN, MOTIHARI ----------- For the Petitioner :- Mr. Dhirendra Kumar For the State :- Mr. D.P. Choudhary, S.C. II For respondent no. 9:- Mr. Y. V. Giri, Sr. Advocate & Mr. Raju Giri. ------- 2 22/04/2011 The dispute raised by the petitioner or the adjudication made by the District Teachers Appointment Appellate Authority, East Champaran at Motihari dated 15.07.2010 remains academic now because the petitioner - 2 - was a claimant for appointment on the post of Panchayat Shiksha Mitra on which he never came to be appointed. After 1.7.2006 the post of Panchayat Shiksha Mitra does not exist. According to 2006 Rules only those persons who have already been appointed as Panchayat Shiksha Mitra can become a Pachayat Shikshak. When the petitioner was never appointed on the post of Panchayat Shiksha Mitra, there cannot be any occasion now for this Court to give any direction for consideration of his appointment on the post which is non existent despite the background to which the dispute was raised. No interference is warranted with the impugned order in this writ application. This writ application is dismissed. AMIN/ (Ajay Kumar Tripathi, J.)