IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.244 of 2009 RINKU KUMARI, D/O SHYAMBIHARI PRASAD, R/O VILLAGE-GHUNSARI, P.O. AWADH, P.S SIKARAUL, BLOCK-NAWANAGAR, DISTRICT- BUXAR. -APPELLANT Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, HUMAN RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA. 2. THE DISTRICT MAGISTRATE, BUXAR, DISTRICT- BUXAR. 3. THE DISTRICT SUPERINTENDENT OF EDUCATION, DISTRICT-BUXAR. 4. THE BLOCK DEVELOPMENT OFFICER, NAWANAGAR, P.S. NAWANAGAR, DISTRICT-BUXAR. 5. THE BLOCK EDUCATION OFFICER, NAWANAGAR, DISTRICT-BUXAR. 6. THE MUKHIYA-CUM-CHAIRMAN OF SUKH SUBIDHA SAMITEE, BELAON GRAM PANCHAYAT, ANCHAL- NAWANAGAR, P.S. SIMRAUL, DISTRICT-BUXAR. 7. THE PANCHAYAT SECRETARY, BELAON GRAM PANCHAYAT, ANCHAL, NAWANAGAR, P.S.SIKRAUL, DISTRICT-BUXAR. -RESPONDENTS. 2 23.03.2009 Writ petitioner-appellant prays for appointment on the post of Panchayat Shiksha Mitra, reserved for extremely backward classes in Belon Gram Panchayat, in the district of Buxar. Though the writ petitioner-appellant filed application for appointment on that post reserved for extremely backward class, as she was the only candidate from that category. She was not appointed. But according to the 2 report she did not appear for counselling she was not taken. According to her neither the date was fixed for counselling by the Sukh Subidha Committee nor was it displayed on the notice Board and as such she could not appear and participate in the counselling and she was not enrolled in the list of selected candidates, she filed complaint before the District Magistrate, Buxar, to cancel the illegal appointment, these allegations are denied by the appellant. But as the case was belated, complaint was not found having substance by the District Magistrate to open the closed chapter of appointment on the post of Panchayat Shiksha Mitra. The candidate who was appointed on that post was not eligible. On getting the complaint, her appointment was cancelled. Now the post is vacant. However, the question here is whether that post can be given to the writ petitioner-appellant or not. Since the writ petitioner did not appear in the counseling, merely because the post is vacant, direction cannot be issued for appointing the writ petitioner-appellant. If the post is vacant it has to be advertised, and then the writ petitioner-appellant can again apply for the same. With the observation to that effect, this appeal 3 is dismissed. (J.B. Koshy, CJ.) (Dr. Ravi Ranjan, J.) AAhmad