IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2156 of 2008 RINKU KUMARI, W/O AMIT ANAND ‘ANUPAM’, R/O VILLAGE-MOHAMMADPUR BALMI, GRAM PANCHAYAT MOHAMMADPUR BALMI, P.S.-MOTIPUR, DISTRICT- MUZAFFARPUR. ……………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE COLLECTOR, MUZAFFARPUR. 3. THE DISTRICT SUPERINTENDENT OF EDUCATION, MUZAFFARPUR. 4. THE MUKHIYA, MOHAMMADPUR BALMI GRAM PANCHAYAT, P.S.-MOTIPUR, DISTRICT- MUZAFFARPUR. ………………RESPONDENTS. ----------- 3 27.06.2011 Petitioner’s challenge is to Annexure-1 an order passed by the Collector dated 05.09.2007 on the ground that on the day he had passed the order he had no jurisdiction under 2006 Rules to entertain any complaint in respect of Siksha Mitra or Panchayat Teachers. Learned counsel for the State submits that since the matter of the petitioner was remitted back to the Collector/D.S.E. to consider on merits the Collector had been conferred jurisdiction by an order of this Court. However, it is not disputed that by amendment in 2008 in the Rules statutory Appellate Forum has been created to consider the grievances in respect of service 2 conditions etc. of Panchayat Teachers who has further been conferred power to consider the issue in respect of appointment etc. of Shiksha Mitra made prior to the Rules came into force. Since the statutory Appellate Forum is now available, this Court does not consider it necessary to go into the question of jurisdiction of the Collector in passing the impugned Annexure-1 or in respect of merits of the order. The petitioner will therefore be at liberty to move the appropriate Appellate Forum within four weeks from today for consideration of her grievances. If she moves before the concerned Appellate Forum through an appropriate pleading, the Appellate Forum shall consider the same on merits and shall decide it in accordance with law after complying with the Principles of Natural Justice and by noticing all concerned parties and after examining the original records. Only for this purpose, and so that the order of the Collector does not come in the way of the Appellate Forum to decide the matter on merits and may not influenced its decision, the same is set aside. However, 3 petitioner shall not be benefited in any way by the said order of the Collector being set aside and any consequential relief to the petitioner, if he is found entitled to by the Appellate Forum, shall flow to her only after decision of the Appellate Forum. The writ application is disposed of with the aforesaid observations and directions. Arvind/ ( J. N. Singh,J.)