IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16622 of 2010 1. HARI KANT SUMAN S/O KANAHIYA DAS R/O VILL.- KANKAR, P.S.- HATHAURI, DISTT.- SAMASTIPUR Versus 1. THE STATE OF BIHAR 2. THE DISTRICT TEACHERS EMPLOYMENT APPELLATE AUTHORITY SAMASTIPUR, P.S.- SAMASTIPUR, DISTT.- SAMASTIPUR 3. THE DISTRICT MAGISTRATE, SAMASTIPUR 4. THE MUKHIYA, GRAM PANCHAYAT RAHIYAR DAKSHIN P.O.- RAHIYAR KOCHI, P.S.- HATHAURI, DISTT.- SAMASTIPUR ----------- 2 10/05/2011 Heard learned counsel for the petitioner and learned counsel for the State. The issue in question was non appointment or continuance of the petitioner as a Panchayat Shiksha Mitra. Whatever be the background or time frame since the litigation has been pending on this issue, there is no legal infirmity in the order of the District Teachers Appointment Appellate Authority on two grounds, firstly that it has been held that the complaint is time barred because the appointment relates to the year 2005 and secondly that after coming into force of 2006 Rules and abolition of post of Panchayat Shiksha Mitra after 1.7.2006, there cannot be any direction for appointment of the petitioner on the non existent post. To that extent - 2 - the dispute is only academic. This writ application is dismissed. AMIN/ (Ajay Kumar Tripathi, J.)