IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11166 of 2007 RAM LALA KUMAR, S/O SRI CHANDRIKA YADAV, R/O VILLAGE-MADARICHAK, GRAM PANCHAYAT-KOHRA, P.O.-SAREN, P.S.-MAKHDUMPUR, DISTRICT- JEHANABAD. ……………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, BIHAR, PATNA. 3. THE SECRETARY, PRIMARY AND ADULT EDUCATION DEPARTMENT, BIHAR, PATNA. 4. THE COMMISSIONER, MAGADH DIVISION, GAYA. 5. THE DISTRICT MAGISTRATE, JEHANABAD. 6. THE DISTRICT SUPERINTENDENT OF EDUCATION, JEHANABAD. 7. THE BLOCK DEVELOPMENT OFFICER, MAKHDUMPUR, JEHANABAD. 8. THE BLOCK EDUCATION EXTENSION OFFICER, MAKHDUMPUR, JEHANABAD. 9. THE PANCHAYAT SHIKSHAK SELECTION COMMITTEE THROUGH MUKHIYA, KOHRA GRAM PANCHAYAT, MAKHDUMPUR, JEHANABAD. 10.THE MUKHIYA, KOHRA GRAM PANCHAYAT, MAKHDUMPUR, JEHANABAD. 11.THE PANCHAYAT SECRETARY-CUM-PANCHAYAT SEVAK, KOHRA GRAM PANCHAYAT, MAKHDUMPUR, JEHANABAD. 12. THE PRIVATE RESPONDENT NAMELY ANIL KUMAR, S/O BRIJ LALA PRASAD, R/O VILLAGE-DAUDPUR, KOHRA GRAM PANCHAYAT, P.O.-SERTHUA, P.S.- MAKHDUMPUR, DISTRICT-JEHANABAD. ……………RESPONDENTS. ----------- 2 13.05.2010 Learned counsels 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 2 respect of their employment. In the circumstances, the writ application is disposed of with liberty to the petitioner to file an appropriate application before the concerned Appellate Authority, if not already filed, for redressal of his grievances. In case such an application is filed by the petitioner 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 to dispose of the same on its own merits after hearing the parties concerned by a speaking order, preferably within the time prescribed under the Rules for the purpose, without going into the question of limitation. It is made clear that this Court has not expressed any opinion with regard to the merits of the claim of the petitioner. As prayed by learned counsel for the petitioner his submissions is only being noticed that the previous appellate authority under the Rules i.e. B.D.O. had passed orders after full- fledged enquiry in which it has been found that 3 the appointment of respondent no. 12 was illegal and, therefore, he had directed for holding fresh selection process for appointment of Panchayat Shikshak and, therefore, the same is only required to be implemented. This Court, however, does not express any opinion on this submission. Arvind/ (J. N. Singh, J.)