Order Navin Sinha, J. We have heard counsel for the petitioner and the opposite parties. 2. Learned counsel for the petitioner submits that the appointment of one Raj Kumar Sharma as Shiksha Mitra in preference to the petitioner was held to be bad and void ab initio. His absorption as a Panchayat Shikshak therefore could not be sustained. The petitioner as the next candidate of the category in order of merit was directed by the Division Bench to be considered. The order has not been complied with. 3. The Bihar Panchayat Primary Teacher (Appointment and Service Conditions) Rules, 2006 in Rule 20(ii) provides that all persons working as Shiksha Mitra on 01.07.2006 acquired the status of a Panchayat Shikshak. Thereafter, the essential eligibility for appointment, including the procedures, all underwent a statutory change. It has been held in more than one order of the Court that a person wrongly appointed as a Shiksha Mitra could not claim continuation under Rule 20(ii), perpetuating the illegality. But a person wrongly denied appointment as a Shiksha Mitra could not claim the right to appointment as a Panchayat Shikshak automatically after 01.07.2006. 4. In (Renu Kumari Pandey v. State of Bihar) (DB) it was held at paragraph-17 as follows:- “17. Coming to the second issue, we are of the opinion that the Rules are statutory in nature and have to be implemented in letter and spirit. Under Clause (i) of Rule 20 of the Rules all earlier resolutions, orders, directions issued in respect of employment of Panchayat Shiksha Mitra are repealed. Consequently, the posts of Panchayat Shiksha Mitra stood abolished. Thereafter, no person can be employed as Panchayat Shiksha Mitra; nor can there be a deemed employment as Panchayat Shiksha Mitra; nor can there be a deemed absorption in the service as Panchayat Shikshak by operation of Rule 20(iii) of the Rules. In our opinion, even in a case where a person has a legitimate grievance in respect of his or her non-selection as Panchayat Shiksha Mitra at the relevant time or non-continuance as Panchayat Shiksha Mitra, such person cannot be deemed to have been appointed as Panchayat Shiksha Mitra; nor can he/she be deemed to have been employed as Panchayat Shiksha Mitra as on 1st July, 2006; nor can such person be deemed to have been absorbed in service as Panchayat Shikshak under the Rules.” 5. The Application is dismissed.