IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8473 of 2007 Noor Alam, Son of Late Md. Kasim, Resident of village- Sukki, Panchayat- Khazauli, Block- Khazauli, Police station- Khazauli, District- Madhubani. …… Petitioner Versus 1. The State Of Bihar through Secretary, Department of Human Resources and Development, Government of Bihar. 2. The District Magistrate, Madhubani. 3. The Block Development Officer, Khazauli. 4. The Block Education Extension Officer, Khazauli. 5. Panchayat Secretary, Narar Purvi Panchayat, Block- Khazauli, District- Madhubani. 6. Altaf Hussain, son of Md. Kasim, resident of village + Post Office- Pursalia, Police Station- Kaluahi, District- Madhubani. ……Respondents ----------- 2/ 15.04.2009 This matter has been listed under the heading “For Orders” on a motion slip filed that the petitioner desires to withdraw the writ petition to avail the alternative statutory remedy before the appellate authority constituted under the Bihar Primary Teachers [Appointment and Service Conditions] Rules, 2006, as amended in 2008 and notified on 25.8.2008. This application is, therefore, disposed with liberty to the petitioner to move before the appellate authority. Any such application by the petitioner is required to be disposed of by the appellate authority after independent application of mind by reasoned and speaking order. It is made clear that this court has not gone into the merits of the matter. The appellate authority in no event or circumstance shall be prejudiced in any manner by the withdrawal of the writ application from this court to pursue the matter before the alternative statutory authority and the withdrawal of the application shall not be a matter to be taken into consideration at all by the appellate authority. - 2 - The appellate authority shall be required to adhere to the time period mentioned in paragraph 2 of the notification dated 25.8.2008 to be reckoned from the date when the petitioner prefers application before the appellate authority. The writ application stands disposed in the aforesaid manner. JA/- (Navin Sinha, J.)