IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5709 of 2010 1. PHOOL KUMARI W/O RAM SOGARATH BIHARI R/O VILL.- NANAURA, P.O.- KOYALASTHAN, P.S.- KEOTI, DISTT.- DARBHANGA Versus 1. THE STATE OF BIHAR, THROUGH THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, BIHAR, PATNA 2. THE DISTRICT MAGISTRATE, DARBHANGA 3. THE DISTRICT EDUCATION OFFICER, DARBHANGA 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, DARBHANGA 5. THE BLOCK EDUCATION OFFICER, KEOTI BLOCK, DISTT.- DARBHANGA 6. THE BLOCK DEVELOPMENT OFFICER, KEOTI, DISTT.- DARBHANGA 7. MUKHIA, GRAM PANCHAYAT RAJ, NANAURA, P.O.- KOYALASTHAN, P.S.- KEOTI, DISTT.- DARBHANGA 8. PANCHAYAT SECRETARY-CUM-GRAM SEWAK, GRAM PANCHAYAT RAJ, NANAURA, P.O.- KOYALASTHAN, P.S.- KEOTI, DISTT.- DARBHANGA ----------- 2 5.1.2011 Petitioner is the claimant for the post of Shiksha Mitra and thereafter as Panchayat Shikshak and wants a direction upon the respondents to appoint him on the post as such. His contention is that prima facie even the District Magistrate has observed that all was not well in the manner the appointment was made in the Panchayat concerned. In this regard necessary order has been produced or has been annexed with the writ application. The question is for enforcement of the order of District Magistrate and appointment of the petitioner based on the above finding. However in the background that the post of Panchayat Shiksha Mitra does not exist any more and those who were holding the post as such came to be confirmed as Panchayat Shikshak with effect from 1.7.2005 cannot be lost sight of. Since the petitioner never came to be appointed on the post, there is no occasion now for this Court to give a direction for his appointment against non-existent post and thereafter - 2 - absorption or regularisation on the post of Panchayat Shikshak. Even the State Government in its circular has categorically circulated that no appointment on the post of Panchayat Shiksha Mitra can now be made in the changed circumstances, though illegal appointment can always be looked into at this stage also. In the above circumstances this Court has difficulty to entertain the writ application and it is dismissed accordingly. RPS (Ajay Kumar Tripathi,J.)