IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11453 of 2006 Sanjay Kumar Ray, Son of Sri Ramjatan Ray, Resident of Village Surya Patti, P.S. + Block Pupari, District Sitamarhi. -------- Petitioner Versus 1. The State of Bihar through the Secretary, Human Resources Development Department, Government of Bihar, at Patna (Bihar). 2. The district Magistrate, Sitamarhi. 3. The District Education Officer, Sitamarhi, At+P.O.+P.S. Dumra, District Sitamarhi (Bihar). 4. The District Superintendent of Education, Sitamarhi, At+P.O.+P.S. Dumra, District Sitamarhi (Bihar). 5. The Block Education Extensin Officer, Pupari, At+P.O.+P.S. Pupari, District Sitamarhi (Bihar). 6. The Gram Panchayat Ram Nagar Bedaul, through its Secretary, at village Ramnagar, Bedaul, Block Pupari, District Sitamarhi (Bihar). 7. The Secretary Education Committee, Govt. Primary School, at village Hirauli, Block Pupari, District Sitamarhi (Bihar). ------ Respondents ----------- 2 31.08.2010 Heard learned counsel for the petitioner and counsel for the State. The prayer of the petitioner made in this writ petitioner reads as follows:- “1. That this application is being submitted to issue appropriate writ or writ in the nature of mandamus or order/direction to the Respondents for appointment of petitioner as Panchayat teacher in Govt. Primary School Hirauli, Block Pupari, District Sitamarhi.” Counsel for the petitioner would submit that the petitioner was earlier engaged as Shiksha Mitra in the year 2004 but, when his tenure of eleven months came to 2 an end on 15.2.2005, he was not given extension of further eleven months and as such, he could not get benefit of becoming Panchayat Shikshak in terms of the 2006 Rules envisaging continuation of every Shiksha Mitra in service as on 30.6.2006 for becoming Panchayat Shikshak with effect from 1.7.2006. In the opinion of this Court, such a prayer of the petitioner in this writ petition cannot be allowed, inasmuch as, the cause of action for the petitioner arose on 15.2.2005 and if the petitioner had slept over his right between 15.2.2005 to 1.7.2006 till the date the post of Shiksha Mitra had remained in existence, he cannot claim such a relief after abolition of the post of Shiksha Mitra with effect from 1.7.2006. That being so, this application is wholly misconceived and the same is accordingly dismissed. Rsh (Mihir Kumar Jha, J.)