IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16816 of 2009 1. RANJAN KUMAR S/O PAWAN KUMAR SINGH AT & P.O. DEORIA, P.S. UDWANT NAGAR, DISTT. BHOJPUR (ARRAH) Versus 1. THE STATE OF BIHAR 2. DISTRICT MAGISTRATE BHOJPUR 3. DISTRICT DEVELOPMENT COMMISSIONER BHOJPUR 4. DISTRICT EDUCATION SUPERINTENDENT BHOJPUR 5. BLOCK DEVELOPMENT OFFICER UDWANT NAGAR, BHOJPUR 6. SUKH SUBIDHA SAMITY THROUGH MUKHIA PIANEA PANCHAYAT, P.S. UDWANTNAGAR, BHOJPUR 7. SECRETARY PIANEA PANCHAYAT, P.S. UDWANTNAGAR, BHOJPUR 8. NIRMAL KUMAR SINGH S/O RAM BADAN SINGH AT & P.O. KHALISHA, P.S. UDWANT NAGAR, DISTT. BHOJPUR ----------- 02/ 25.03.2010 Heard counsel for the petitioner and counsel appearing for the State. Petitioner’s grievance is that in the year, 2005 some irregularities were committed in the appointment of Panchayat Shiksha Mitra in Pianea Gram Panchayat of Udwant Nagar Block in the district of Bhojpur. The representations were filed before the District Magistrate and on whose direction the B.D.O. conducted an enquiry and submitted report. On receipt of the enquiry report District Magistrate directed Mukhiya of Pianea Gram Panchayat vide letter no. 592 dated 16.7.2005 for preparing a fresh merit list in which the name of the petitioner should also be included. Despite this direction nothing was done. Again a representation was filed and an enquiry was also conducted - 2 - by the D.D.C. and entire panel prepared by the Sukh Subidha Samiti was cancelled by the District Magistrate. Thereafter, two persons, whose names were found eligible by the D.M’s. report for appointment, approached the High Court by filing writ application. The writ application was disposed of analogous by a common order. In the light of the order passed by the High Court, names of those two petitioners were included in the fresh panel and they got appointed. I find that any direction cannot be issued in favour of the petitioner for his appointment, since the post of Shiksha Mitra itself has become non-existent after 1.7.2006. The petitioner, cannot be considered for appointment as Panchayat Shiksha Mitra and subsequently on the post of Panchayat teacher, even if any irregularity had been found earlier, because subsequently the petitioner stopped pursuing the matter. Despite the direction of the D.D.C. when no action was being taken by the Mukhiya of the Panchayat, only two persons approached the High Court and in their favour the order was passed. After a long delay the petitioner has approached this Court. In the given facts and - 3 - circumstances of the case, no direction can be issued in favour of the petitioner for his appointment stated above. This application is dismissed. DKS/ (Mridula Mishra, J.)