IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4996 of 2009 SHAKIL AHMAD Versus THE STATE OF BIHAR & ORS ----------- CWJC No.4999 of 2009 AKHTAR HUSSAIN Versus THE STATE OF BIHAR & ORS ----------- For the Petitioners; M/s Ravindra Kumar Singh and Sanjeev Kumar Singh, Advocates For the state : AC to G.A. 4 -------- 2. 20.04.2009 Heard learned Counsel for the petitioners and the learned Counsel for the State. The petitioners claim the relief to be considered for appointment as teacher at the Block or Panchayat level based on the qualification of Baby Teachers Certificate Training Examination obtained from Mahatma Gandhi Vidyapith, Prayag (U.P.). The petitioners claim to have done the course in the session 1988-89 before coming into force of NCTE Act on 17.8.1995. It is further submitted that it is a two year course. Therefore, the petitioners fulfil the requirement of eligibility provided under Rule 8 ( 3 ) of the new Rules framed for appointment of teachers by amendment in 2008.Further reliance is placed on a Government of India document dated 18.12.1984 to the effect that the Government of India has recognised this qualification from the aforesaid institution for purposes of appointment and postings in services under the Union of India. It is lastly submitted that the issue stands decided by certain orders of this Court. The petitioners in Para 16 of the application have stated that they have already moved the Appellate Authority created by 2008 amendment to the Rules to consider cases for appointment etc. of teachers. Since the petitioners have already availed alternative statutory remedy available to them these applications are disposed with the observation that the Appellate Authority is required to dispose of the petitioners’ application within the statutory time fixed under rule 2 of the notification dated 25.8.2008 creating the Authority to be computed from the date of receipt and/or production of a copy of this order before the Appellate Authority. If the petitioners claim to be covered by certain orders of this Court the Appellate Authority shall be required to adequately apply its mind to the same in accordance with law and pass a reasoned and speaking order. The writ applications stand disposed. Snkumar/- (Navin Sinha,J.)