IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1067 of 2008 SMT.NIDHI KUMARI Versus THE STATE OF BIHAR & ORS 2. 25.11.2009 Heard the counsel for the petitioner and the counsel appearing for the state. Petitioner has prayed for a direction to the respondent- authorities to appoint her on the vacant post of Panchayat Shikcha Mitra which fell vacant on account of cancellation of appointment of one, Pinki Kumari on the post of Panchayat Shikcha Mitra in the year, 2005. This appointment was challenged by the petitioner by filing C.W.J.C. No. 13652 of 2006. The writ application was disposed of with a direction to the petitioner to submit her application before the Block Development Officer for its disposal within two months by a reasoned order. The order passed by the Block Development Officer, Kalyanpur has been annexed as Annexure-10. The Block Development Officer cancelled the appointment of Pinki Kumari on the ground that she was appointed on the basis of forged mark-sheet. But so far the appointment of the petitioner on the post of Panchayat Shikcha Mitra is concerned; there is no direction in the order. I find no illegality in the order of the Block Development Officer for the reason that after 01.07.2006, the post of Panchayat Shikcha Mitras became non-existent. No direction could have been issued for petitioner’s appointment - 2 - which fell vacant on account of cancellation of appointment of Pinki Kumari. No direction can be issued for petitioner’s appointment as she was never appointed and worked on the post of Panchayat Shikcha Mitra and the benefit as provided under rule 20 of Bihar Panchayat Teachers (Appointment & Service Conditions) Rules, 2006 cannot be given to the petitioner. In this view of the matter, this writ application is dismissed. Akv/ (Mridula Mishra, J.)