IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.11200 of 2010
1. GAYATRI RANI W/O KISHORE KUMAR R/O VILL DHUNHA,
P.S.GAMAHARIA, DISTT-MADHEPURA-------PETITIONER
Versus
1. THE STATE OF BIHAR
2. DISTRICT MAGISTRATE MADHEPURA
3. DISTRICT SUPERINTENDENT OF EDUCATION MADHEPURA
4. DISTRICT EDUCATION OFFICER MADHEPURA
5. BLOCK DEVELOPMENT OFFICER MADHEPURA
6. BLOCK EDUCATION EXTENSION OFFICER MADHEPURA
7. MEMBER, DISTRICT TEACHER SELECTION APPELLATE AUTHORITY
MADHEPURA
8. MUKHIYA MANPUR PANCHAYAT, BLOCK SINGESHWAR, DISTT-
MADHEPURA
9. PANCHAYAT SECRETARY, MANPUR PANCHAYAT BLOCK
SINGESHWAR, DISTT-MADHEPURA----RESPONDENTS
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2 15.3.2011 Heard learned counsel for the parties.
There is no legal infirmity with the conclusion
reached by the District Teachers Employment Appellate
Authority, Madhepura in declaring and holding that even if there
was certain illegality or irregularity in non-appointment of the
petitioner on the post of Shiksha Mitra at the relevant time, no
direction can be given for appointment of the petitioner on the said
post as the post does not exist after 1.7.2006.
The tribunal is correct in this regard because
nobody can be appointed on a post which does not exist. In
absence of any legal infirmity to that extent the exercise done by
the authority remains academic so far as the grievance of the
petitioner is concerned. No relief can be granted in this regard.
This writ application is dismissed.
RPS (Ajay Kumar Tripathi,J.)