IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17392 of 2008 SANTOSH KUMAR SHARMA, Son of Paras Singh, resident of village- Nanauk, P.S.-Buniyadganj, District-Gaya. ............Petitioner. Versus 1. The State of Bihar through the Secretary, H.R.D., Bihar. 2. The Director, Primary Education, Bihar, Patna. 3. The District Magistrate, District-Gaya. 4. The District Superintendent of Education, Gaya. 5. The Block Development Officer, Manpur Block, District-Gaya. 6. The Block Education Extension Officer, Manpur Block, District-Gaya. 7. The Mukhiya Panchayat Nanauk, Block Manpur, District-Gaya. 8. The Panchayat Secretary Panchayat Nanauk, Block-Manpur, District- Gaya. 9. Pradip Prasad, Son of Sita Ram Prasad, presently posted at Primary School, Bheriyakhurd, Panchayat-Nanauk, Manpur Block, District-Gaya. For the Petitioner : Mr. Binod Kumar, Adv. For the State : Mr. Md. Aslam Ansari, Adv. For the Private respondent : Mr. Mithilesh Mowar, Adv. ` ------------- 2/ 23.02.2010 Heard counsel for the petitioner and the counsel appearing for the State. Petitioner was not selected for the post of Panchayat Shiksha Mitra in the year 2003 as one Pradip Prasad was selected on the basis of forged certificate. Petitioner’s case is that he represented before the competent authority i.e. District Magistrate, Gaya, but representation remain pending for five years, nothing was done. In the meantime, the Bihar Panchayat Primary Teachers (Appointment and Service Conditions) Rules was came with effect from 01.07.2006, the persons working as Panchayat Shiksha Mitra on 01.07.2006 was absorbed on the post of Panchayat Teacher, Petitioner’s case is that since on the basis of forged 2 certificate Pradip Prasad was appointed. As such, his right for appointment was not considered but the fact is that after coming into force of 2006 rules as provided under Rule 20 (i) (ii) all orders, resolutions, decisions, ordinances and rules relating to Panchayat Shiksha Mitra has been repealed. There is no existing post of Panchayat Shiksha Mitra. Petitioner, admittedly, was never appointed on the post. He was not working on the post of Panchayat Shiksha Mitra on 01.07.2006 or at any point of time. In this circumstance, he cannot claim either for his appointment on the post of Panchayat Shiksha Mitra after coming into force of 2006 rules. He also cannot claim for his absorption on the post of Panchayat Teacher as he was not working on the post of Panchayat Shiksha Mitra on 01.07.2006. For all these reasons, I do not find any merit in this application. It is dismissed. Sanjeet/ (Mridula Mishra, J.)