IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14173 of 2008 SURENDRA RAM, S/O JAGDISH RAM, R/O VILLAGE- POKHARA, P.S.-KOTWA, DISTRICT-EAST CHAMPARAN. ………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, PRIMARY AND ADULT EDUCATION DEPARTMENT, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA. 2. THE DISTRICT MAGISTRATE-CUM-COLLECTOR, EAST CHAMPARAN AT MOTIHARI. 3. THE DISTRICT SUPERINTENDENT OF EDUCATION-CUM-COORDINATOR SARVA SHIKSHA ABHIYAN, DISTRICT-EAST CHAMPARAN AT MOTIHARI. 4. THE BLOCK DEVELOPMENT OFFICER, BLOCK- KOTWA, DISTRICT-EAST CHAMPARAN. 5. THE GRAM PANCHAYAT POKHARA, BLOCK-KOTWA, DISTRICT-EAST CHAMPARAN. 6. THE MUKHIYA, GRAM PANCHAYAT RAJ, POKHARA, BLOCK-KOTWA, DISTRICT-EAST CHAMPARAN. 7. JANARDAN HAJARA, S/O BANSHI HAJARA, R/O VILLAGE-DIPAU, P.O.-TALWA POKHAR, P.S.- KOTWA, DISTRICT-EAST CHAMPARAN. …………RESPONDENTS. ----------- 3 15.11.2011 Grievance of the petitioner is that when his name was wrongly not included in the panel for appointment of Shiksha Mitra in 2005, he filed his complaint. Inquiry was made by the Block Development Officer and, on the basis of newspaper report, as contained in Annexure-5, B.D.O. recommended to the Collector for cancelling the appointment of Shiksha Mitras of the Panchayat. Be that as it may, if the report 2 of the B.D.O. was not acted upon by the Collector, this Court cannot direct the Collector to consider the same and pass any orders now as under 2006 Rules the Collector has no role to play in the matter of appointments or otherwise of the Shiksha Mitras who subsequently have became Panchayat Teachers. The only remedy of the petitioner lies before the Appellate Authority constituted under the Rules in terms of 2008 amendment. In the circumstances, petitioner is directed to file a representation before the Appellate Authority within four weeks from today. If he does so, the Appellate Authority shall call for the records and reports from the concerned government officials who shall transmit the same to the Appellate Authority within one month from the date of receipt of communication from the Appellate Authority. On receipt of the records, the Appellate Authority shall examine the matter, shall issue notice to the concerned parties and shall pass appropriate orders in accordance with law, after complying with Principles of 3 Natural Justice, preferably within three months from the date of receipt of the records from the government officials. The writ application is disposed of with the aforesaid observations and directions. Arvind/ ( J.N. Singh, J.)