IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3218 of 2008 CHANDRA BHUSHAN PRASAD, S/O LATE RITLAL PRASAD, R/O VILLAGE-NIRPUR, P.S.-NALANDA, DISTRICT-NALANDA. ……………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. PRINCIPAL SECRETARY, DEPARTMENT OF HUMAN RESOURCE GOVERNMENT OF BIHAR, PATNA. 3. DISTRICT MAGISTRATE CUM COLLECTOR, ROHTAS AT SASARAM. 4. DISTRICT SUPERINTENDENT OF EDUCATION, ROHTAS AT SASARAM. 5. BLOCK EDUCATION EXTENSION OFFICER, ROHTAS, P.S.-ROHTAS IN THE DISTRICT OF ROHTAS AT SASARAM. 6. BLOCK RESOURCE CENTRE (B.R.C.) THROUGH ITS SECRETARY AT ROHTAS IN THE DISTRICT OF ROHTAS AT SASARAM. 7. BLOCK DEVELOPMENT OFFICER, ROHTAS, P.S.- ROHTAS IN THE DISTRICT OF ROHTAS AT SASARAM. 8. PRAKHAND PRAMUKH, ROHTAS BLOCK ROHTAS, P.S.-ROHTAS IN THE DISTRICT OF ROHTAS AT SASARAM. 9. ASHOK KUMAR SINGH, S/O RAMLAL SINGH, R/O VILLAGE-GAURA, P.O.-NABUNA, DISTRICT KAIMUR AT BHABHUA, PRESENTLY POSTED AS PHYSICAL TEACHER, MIDDLE SCHOOL MANJHIGAWA, BLOCK ROHTAS IN THE DISTRICT OF ROHTAS AT SASARAM. 10. HIRA SINGH, S/O RAMBRIT SINGH, R/O VILLAGE LOHRADIH, P.O.-CHANDANPURA, DISTRICT-ROHTAS. PRESENLTY POSTED AS PHYSCIAL TEACHER, MIDDLE SCHOOL BANJARI, IN THE DISTRICT OF ROHTAS AT SASARAM. ……………RESPONDENTS. ----------- 3 30.06.2011 Learned counsel for the petitioner submits that though the petitioner had higher marks than the respondent nos.9 and 10 in the merit list as shown in paragraph 7 of the writ application he was denied appointment as Physical Trained Teacher in the Panchayat. 2 Learned counsel for the State submits that the counter affidavit will show that the petitioner had not appeared in the counseling and, therefore, he was not considered. Learned counsel for the petitioner denies the fact that the petitioner had received any information with the regard to counseling. This is a disputed question of fact. Therefore, since the statutory Appellate Authority is functioning under the Rules which has been bestowed with the powers to consider the matter relating to appointment and service conditions of the Panchayat Teachers, the writ application is disposed of with liberty to the petitioner to move the concerned Appellate Authority in accordance with law. If he does so, the Appellate Authority shall consider the same on merits without going into the question of limitation and shall decide it in accordance with law after complying with the Principles of Natural Justice. Arvind/ ( J. N. Singh, J.)