HEMANT GUPTA, J.

The challenge in the present Letters Patent Appeal is to an order passed by the learned Single Bench on 21.06.2013 in C.W.J.C. No. 4089 of 2012, whereby the writ petition filed by the appellant for appointment to the post of Block Teacher remained unsuccessful.

2. As per the appellant, 68 vacancies were advertised for the post of teachers in Laxmipur Block but only 11 teachers were appointed. Therefore, the appellant claims that he has a right for appointment against the unfilled vacancies.

3. Before the learned Single Bench, the stand of the State was that the appellant belongs to backward category and the teachers appointed in the backward category were trained teachers whereas the appellant was untrained. The learned Single Bench found that none in the backward category with lesser qualification and marks have been appointed, therefore no error can be said to have been committed by the District Teachers Employment Appellate Tribunal.

4. It is not in dispute that the appellant was untrained and only trained teachers have been appointed whereby, the appointing authority has decided not to fill up the vacant post from untrained teachers. Mere selection in the