IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1869 of 2009 1.Deep Prakash Yadav son of Late Nand Lal Yadav, resident of village Itahi, P.S. Kursakanta, District- Araria 2.Tarkeshwar Kumar Prabhakar, son of Phuleshwar Prasad, resident of village Bhuthaha, P.S. Sikti, District- Araria 3.Indrakala Devi wife of Yugesh Prasad Yadav, resident of village Haldahara Hat, P.S. Kursakanta, District- Araria 4.Madhulata Kumari, daughter of Pashupati Prasad Gupta resident of village Farhi, P.S. Narpatganj, District- Araria 5.Sujata Kumari, daughter of Balkrishna Jha, resident of village Itahi, P.S. Kursakanta, District- Araria 6.Bipin Kumar Yadav, son of Dev Narayan Yadav, resident of village Laxmipur, P.S. Kursakanta, District- Araria 7.Ambika Kumari, daughter of Nand La, resident of village Haldahara Hat, P.S. Kursakanta, District- Araria 8.Amod Kumar, son of Rameshwar Yadav, resident of village Itahi, P.S. Kursakanta, District- Araria 9.Phulkumari, daughter of Sukhdeo Manda, resident of village Laxmipur, P.S. Kursakanta, District- Araria 10.Sunita Devi, daughter of Chaturbhuj Manda, resident of village Bardaha, P.S. Sikti, District- Araria 11.Vijay Kumar Paswan, son of Tetaru Paswan, resident of village Laxmipur, P.S. Kursakanta, District- Araria 12.Durgi Kumari, daughter of Shivnand Paswan, resident of village Bahudabari, P.S. Kursakanta, District- Araria 13.Subodh Kumar Yadav, son of Nasib Lal Yadav, resident of village Jagir Itahi, P.S. Kursakanta, District- Araria 14.Manoj Kumar Bharti, son of Dwarika Prasad Yadav, resident of village Maheshkhut, P.S. Kursakanta, District- Araria 15.Jyoti Kumari, daughter of Akeshwar Yadav, resident of village Doriya, P.S. Kursakanta, District- Araria 16.Renu Kumari, daughter of Akhileshwar Prasad Yadav, resident of village Itahi, P.S. Kursakanta, District- Araria 17.Usha Devi, daughter of Munulal Paswan, resident of village Laxmipur, P.S. Kursakanta, District- Araria 2 18.Rabina Kumari, daughter of Gajanan Jha, resident of village Laxmipur, P.S. Kursakanta, District- Araria 19.Pancham Kumar Singh, son of Satya Narain Singh, resident of village Bhoraha, P.S. Kursakanta, District- Araria 20.Jai Prakash Narayan, son of Mohan Lal Mandal, resident of village Bhoraha, P.S. Kursakanta, District- Araria ……………. Petitioners Versus 1.The State Of Bihar through District Magistrate, District- Araria 2.Additional District Magistrate, District- Araria 3.Sub-Divisional Officer, Araria 4.Block Development Officer, Kursakanta, District- Araria 5.Block Education Extension Officer, Kursakanta, District- Araria 6.Mukhiya, Laxmipur Panchayat, District Araria 7.Gram Panchayat Secretary, Laxmipur Panchayat, District- Araria ………… Respondents ----------- 4. 28/10/2010 In this writ application, Petitioners have challenged the order dated 31.12.2008 passed by the District Magistrate, Araria, by which their appointment have been found to be illegal. Learned senior counsel for the petitioners submits that under the Rules the District Magistrate has no power to entertain any complaint and therefore, even if the matter was remitted back by this Court to the District Magistrate to examine the matter in accordance with law, no jurisdiction is created in him to make that exercise. Petitioners have also challenged the 3 order of the Block Development Officer on the ground of violation of principles of natural justice. However, learned counsels for the parties agree that the Appellate Authorities constituted by the State Government under Rule 18 of the Bihar Panchayat Prarambhik Shikshak (Niyojan Avam Seva Sart) Niyamvali, 2006 (as amended by Amendment Act, 2008) are now functional and hence an efficacious alternative forums is available to the petitioner and others for consideration of all their grievances in respect of their employment. In the circumstances, the writ application is disposed of with liberty to the petitioner(s) to file an appropriate appeal/application before the concerned Appellate Authority, if not already filed, for redressal of his/her/their grievances. In case such an appeal is filed by the petitioner(s) within one month, the Appellate Authority shall consider the same and all documents enclosed therewith, including orders of this Court in identical matters, if produced, and other relevant records and make all endeavours 4 to dispose of the same on merits in reference to the original records after hearing the parties concerned by a speaking order, preferably within the time prescribed under the Rules for the purpose, by condoning the delay, if any. No order of any authority, passed earlier in terms of Rule 18, as it stood prior to amendment, or any order passed by any authority of the Government at the District level shall be treated as impediment in consideration of the matter judiciously on merits in terms of this order. It is specifically directed that the appellate authority shall not look into the orders of the Block Development Officer or the District Magistrate for any purpose while deciding the matter of the petitioners on merits. It is made clear that this Court has not expressed any opinion with regard to the merits of the claim of the petitioner(s). Pradeep/ ( J. N. Singh,J.)