IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6521 of 2010 JITENDRA KUMAR SHARMA S/O SRI CHANDRA SHEKHAR SHARMA R/O VILL.- SADAPUR, P.S. ALIPUR, DISTT.- GAYA Versus 1. THE STATE OF BIHAR THROUGH SECRETARY, HUMAN RESOURCES DEPARTMENT, BIHAR, PATNA 2. THE DISTRICT TEACHERS APPOINTMENT APPELLATE TRIBUNAL THE MEMBERS, GAYA 3. THE DISTRICT SUPERINTENDENT OF EDUCATION OFFICER GAYA, DISTT.- GAYA 4. THE BLOCK EDUCATION EXECUTIVE OFFICER, TEKARI, P.S. TEKARI, DISTT.- GAYA 5. THE BLOCK DEVELOPMENT OFFICER, TEKARI, DISTT.- GAYA 6. THE MUKHIYA, RUPSAPUR, GRAM PANCHAYAT, BLOCK OFFICE TEKARI, DISTT.- GAYA 7. THE PANCHAYAT SECRETARY, RUPSAPUR GRAM PANCHAYAT, BLOCK OFFICE, TEKARI, DISTT.- GAYA 8. PRASANT S/O LATE PARMESHWAR DAYAL R/O VILL.- NANDAN BIGHA, P.O.- TEKARI, P.S.- TEKARI, DISTT.- GAYA ----------- 02. 17.1.2011 There is a finding recorded by the appellate authority contained in Annexure-1 that no appeal was filed/ pending before the District Magistrate which was transferred for consideration by the appellate authority. The authority is correct in holding that a matter transferred by the District Superintendent of Education cannot be entertained as a proof of pendency of such appeal. Any failure to point out legal infirmity in the said decision has to entail dismissal of the writ application. The writ application is dismissed. rkp ( Ajay Kumar Tripathi, J.)