IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14504 of 2008 ABHA KUMARI, D/O BAIDYA NATH TIWARI, R/O VILLAGE-MALKAULI, P.S.-BAGAHA, DISTRICT-WEST CHAMPARAN. …………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE DISTRICT MAGISTRATE, WEST CHAMPARAN AT BETTIAH. 3. THE SUB-DIVISIONAL OFFICER, BAGAHA, WEST CHAMPARAN. 4. THE BLOCK DEVELOPMENT OFFICER, BAGAHA, WEST CHAMPARAN. 5. THE MUKHIYA, GRAM PANCHAYAT RAJ, MANGALPUR ASAUNI, P.S.-BAGAHA, WEST CHAMPARAN. 6. SHRI RADHEY SHYAM RAM, PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ, MANGALPUR, P.S.-BAGAHA, WEST CHAMPARAN. 7. NILU KUMARI, D/O NAWAL KISHORE PRASAD SINGH, R/O VILLAGE AND P.O.-RAMAULI, P.S.-PATEPUR, DISTRICT-VAISHALI, PRESENTLY POSTED AS PANCHAYAT SHIKSHAK, PRIMARY SCHOOL POKHRATOLA, GRAM PANCHAYAT RAJ, MANGALPUR, P.S.-BAGAHA, DISTRICT-WEST CHAMPARAN.…………RESPONDENTS. ----------- 2 14.11.2011 Petitioner is aggrieved by the appointment of respondent no.7 on the ground that she had higher marks than her. Learned counsel for the petitioner submits that some complaint was filed in the Janta Darbar of Chief Minister which was referred to the Appellate Authority and Appellate Authority passed a reasoned order. However, he submits that neither the petitioner had filed any complaint before the Appellate Authority nor her case was specifically considered by it. 2 In the circumstances, this Court holds that the petitioner’s alternative remedy before the Appellate Authority survives which she should avail. Accordingly, if the petitioner files her complaint before the Appellate Authority within four weeks from today, the Appellate Authority shall consider the same on merits, after complying with the Principles of Natural Justice and shall dispose of the same in accordance with law, preferably within two months from the date of filing of the representation by the petitioner before it. The writ application is disposed of with the aforesaid observations and directions. Arvind/ ( J.N. Singh, J.)