IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18669 of 2009 PRABHAT KUMAR JHA S/O SHRI PARMANAND JHA R/O VILL & P.O. KUMHARSON, P.S. GARHPURA, BLOCK- GARHPURA, DISTT. BEGUSARAI Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY PRIMARY AND ADULT EDUCATION DEPTT., GOVT. OF BIHAR, PATNA 2. THE PRINCIPAL SECRETARY HUMAN RESOURCES DEPTT., PATNA, BIHAR 3. THE DISTRICT MAGISTRATE BEGUSARAI 4. THE DISTRICT SUPERINTENDENT OF EDUCATION BEGUSARAI, DISTT. BEGUSARAI 5. THE BLOCK DEVELOPMENT OFFICER GARHPURA, DISTT. BEGUSARAI 6. THE BLOCK EDUCATION EXTENSION OFFICER GARHPURA, DISTT. BEGUSARAI 7. THE MUKHIYA GRAM PANCHAYAT- KUMHARSON BLOCK, GARHPURA, DISTT. BEGUSARAI 8. THE PANCHAYAT SECRETARY GRAM PANCHAYAT- KUMHARSON, BLOCK- GARHPURA, DISTT. BEGUSARAI 9. MEMBER DISTRICT TEACHER SELECTION APPELLATE TRIBUNAL BEGUSARAI ----------- 2/ 29.04.2010 Heard counsel for the petitioner and the counsel appearing for the State. Petitioner’s prayer is for quashing of the order dated 11.11.2009/23.11.2009 passed by District Teachers Employment Appellate Tribunal, Begusarai, in Case No. 14/2008. The Tribunal has rejected the prayer of the petitioner to appoint him on the post of Panchayat Shiksha Mitra, which fell vacant on account of the cancellation of appointment of Rajeev Kumar. Petitioner’s case is that Rajeev Kumar was illegally appointed considering his qualification of computer science, though it was no a requisite qualification for the post of Panchayat Shiksha Mitra. In case Rajeev Kumar would not have been appointed, petitioner’s appointment was certain. Now Rajeev Kumar, having been terminated, against that - 2 - vacancy petitioner is entitled for his appointment. I find that the Tribunal has rightly not considered the claim of the petitioner, the government’s decision as per its’ resolution is very clear. In case of termination, on account of illegal appointment no other person can be appointed against that vacancy unless fresh process of appointment is initiated to fill the vacancy. No fresh process can be initiated for appointment on the post of Panchayat Shiksha Mitra, for the reason that after 1.7.2006, the post itself has become non- existent. I do not find any illegality in the order. This application is dismissed. Sanjeet/ (Mridula Mishra, J.)