IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12783 of 2008 Jay Prakash Kumar, S/o Aamir Sao, resident of village-Nathupur, P.O.-Doghra, P.S.-Bihta, District-Patna. ...............Petitioner. Versus 1. The State of Bihar, through the Secertary, Human Resources Department, Government of Bihar, Patna. 2. The District Magistrate, Patna. 3. The District Superintendent of Education, Patna. 4. The Block Development Officer, Bihta, Patna. 5. The Mukhiya, Gram Panchayat, Kunjwa, Bihta. 6. The Panchayat Secretary, Gram Panchayat, Kunjwa, Bihta. 7. Vinay Kumar, S/o Mala Rai, resident of village-Kunjwa, P.O.- Doghra, P.S.-Bihta, District-Patna. ----------- 2/ 21.07.2009 Petitioner’s grievance is that he was arbitrarily ignored by the Members of the Selection Committee at the time of appointment on the post of Panchayat Shiksha Mitra in the year, 2005, though, he had higher marks, his candidature was not considered against the post reserved for most backward class category and respondent no. 7, Vinay Kumar was appointed as Panchayat Shiksha Mitra. Petitioner has not exhausted remedy of appeal available under Rule 18 of Bihar Panchayat Primary Teacher (Appointment and Service Conditions) Rule 2008. An appeal is provided in case of any complain relating to appointment, termination and transfer of Panchayat Teacher/Block Teacher. Now appeals can be preferred in the matters relating to Panchayat Shiksha Mitra also as such petitioner is directed to file his appeal before the District Teachers Appointment Tribunal. In case, appeal is preferred within 30 days it should be disposed of in accordance with law by a reasoned order. - 2 - The question of limitation should not be raised by the Tribunal and it should be decided on merit after issuing notices to all concerned. Sanjeet/ (Mridula Mishra, J.)