IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8500 of 2007 KALINDI KUMARI, W/O UMA SHANKAR PRASAD, D/O BRIJ NANDAN SHARMA, R/O VILLAGE-DIOURA, P.O.-BUDHAULI, P.S.-PAKARIBARAWAN, DISTRICT-NAWADAH. …………………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE DISTRICT MAGISTRATE, NAWADAH. 3. THE DISTRICT SUPERINTENDENT OF EDUCATION, NAWADAH. 4. THE BLOCK EDUCATION EXTENSION OFFICER, PAKARIBARAWAN, DISTRICT-NAWADAH. 5. THE BLOCK DEVELOPMENT OFFICER, PAKARIBARAWAN, NAWADA. 6. MUKHIYA, GRAM PANCHAYAT, BUDHAULI, DISTRICT- NAWADAH. 7. SACHIV, PANCHAYAT SIKSHA SAMITI, GRAM PANCHAYAT, BUDHAULI, DISTRICT-NAWADAH. 8. SEEMA KUMARI, W/O ARBIND KUMAR, R/O VILLAGE- DIOURA, P.O.-BUDHAULI, P.S.-PAKARIBARAWAN, DISTRICT-NAWADAH. ……………………RESPONDENTS. ----------- 2 27.08.2009 Petitioner has filed this writ application for a direction to the respondent to consider her case for appointment on the post of Shiksha Mitra on the ground that she had higher qualification than that of the candidate who was appointed. Learned counsel for the respondent no. 8 submits that the petitioner had filed representation belatedly only after the rules were changed. He also submits that the matter was enquired by the B.D.O. and he found that the appointment of the respondent no. 8 is correct. However, he did not pass final order and he only reported the matter to the Additional Collector through his memo no. 1643 dated 14.11.2008. - 2 - Since the matter has not been finally decided by the B.D.O., it would be appropriate that the parties are given liberty to present their cases before the Appellate Authority. Therefore, this writ application is disposed of with liberty to the petitioner to file an appeal before the concerned Appellate Authority where respondent no. 8 shall also be given liberty to present her case and, thereafter, the matter shall be decided in accordance with law within time frame fixed under the Rules. Arvind/ (J. N. Singh, J.)