IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4876 of 2007 GAYATRI KUMARI, D/o Sri Sheoji Thakur, and wife of Sri Sunil Kumar, resident of village Baruraj, P.S. Motipur, District Muzaffarpur ... Petitioner Versus 1. THE STATE OF BIHAR 2. The Secretary, Primary and Adult Education Department, Govt. of Bihar, New Secretariat, Patna 3. The Director, Primary Education, Primary and Adult Education Department, Govt. of Bihar, New Secretariat, Patna 4. The Divisional Commissioner, Tirhut Division, Muzaffarpur 5. The District Magistrate, Muzaffarpur, District Muzaffarpur 6. The District Superintendent of Education, Muzaffarpur, District Muzaffarpur 7. The Block Education Extension Officer, Paroo, Anchal Paroo, District Muzaffarpur 8. Meena Devi, wife of Babulal Mahto, the Mukhiya of Gram Panchayat Raj, Deoria West, Block Paroo, District Muzaffarpur, resident of village Muja, P.S. Deoria, District Muzaffarpur 9. Sri Dharmendra Thakur, son of not known to the petitioner, resident of village and P.O. Neknampur, P.S. Deoria, District Muzaffarpur, presently posted as Panchayat Secretary, Gram Panchayat Raj Deoria West, Block Paroo, District Muzaffarpur 10. The Headmaster, Primary School, Muja, Anchal Paroo, District Muzaffarpur 11. Madhu Kumari, D/o Subhash Chandra Thakur, resident of village Deoria, P.S. Deoria, District Muzaffarpur ... Respondents ----------- 2. 27.10.2010 Having heard counsel for the petitioner and the counsel for the State as also taking into account the following prayer: “(i) For issuance of an appropriate writ in the nature of certiorari for quashing the letter dated 2 28.2.2007 issued under the signature of the respoondent no.9 contained in his letter no. 03 dated 28.2.2007, whereby and whereunder the respondent no.11 was appointed as a Panchayat Shikshak by the respondents no. 8 and 9 and she was posted as such in Primary School, Muja, Anchal Paroo, District Muzaffarpur, ignoring the better claim of the petitioner. (ii) For issuance of an appropriate writ in the nature of mandamus, commanding and directing the respondent authorities for appointment of the petitioner as a Panchayat Shikshak in any of the Elementary Schools falling under the territorial jurisdiction of Deoria Gram Panchayat on the ground that the respondents no. 8 and 9 have arbitrarily appointed the respondent no.11, who had obtained 55.88% marks in her Intermediate Examination, ignoring the claim of the petitioner who had obtained 59.6% marks in Intermediate Examination. (iii) For issuance of an appropriate writ in the nature of mandamus commanding and directing the respondent no.4, for removal of the respondent no.8 from the post of Mukhiya of Gram panchayat Raj, Deoria and to take disciplinary 3 action against the respondent no.9 for their having been indulged in misconduct and for abusing their powers vested in him under the Panchayat Shikshak Appointment Rules, 2006.” as also finding that the same relates to the grievance in connection with appointment on the post of Panchayat Teacher, this Court would allow the prayer of the petitioner for withdrawing of this writ application in order to enable the petitioner to move the District Teachers Appellate Authority. This application is, accordingly, permitted to be withdrawn with the aforementioned liberty. (Mihir Kumar Jha,J.) Surendra/