IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1680 of 2011 Md. Tarique Hussain son of Md. Khalid Hussain, resident of village+ P.O.Chandanpatti, Police Station-Chandanpatti, District- Darbhanga………………… Petitioner Versus 1. The State Of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2. The Secretary, Human Resources Development Department, Bihar Patna. 3. The Secretary, Personnel & Administrative Reforms Department, Government of Bihar, Patna. 4. The Director, Madhyamik Siksha, Government of Bihar, Patna. 5. The Deputy Director, Madhyamik Siksha, Government of Bihar, Patna. 6. The District Magistrate, Buxar. 7. The District Education officer, Buxar. 8. The Member of District Teacher Employment Appellate Tribunal, Buxar. 9. The Chief Executive Officer, Zila parishad, Buxar. 10. Simmi Khatoon daughter of Md. Hanif khan C/o District Education officer, District- Buxar. 11. Md. Hasan Ansari, son of Abdul Gafoor C/o District Education Officer, District- Buxar. ……………………………. Respondents. ----------- For the petitioner: Mr.Abdul Manan Khan, Advocate Md. Najmul Hoda, Advocate For the State: Mr. Sajal K. Sinha, A.C. to S.C. XIX. ----------- 2. 9.8.2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks quashing of the impugned order dated 30.10.2010 passed, in Appeal No. 83Dak/2010, by the District Teachers Employment Appellate Authority, Buxar. The petitioner was a candidate for the post of Secondary Urdu teacher of Buxar Zila Parishad. The petitioner appeared for 2 counseling on 24.2.2007 on the basis of the letter dated 18.2.2007 of the District Education Officer, Buxar, but ultimately he was not selected and instead of him, respondent Nos. 10 and 11 were appointed. The petitioner did not move before the statutory authority under Rule 18 of the Bihar Panchayat Primary Teachers (Appointment and Service Conditions) Rules, 2006 and much later in the year 2010 filed an appeal being Appeal Case No.83 Dak/2010 before the District Teachers Employment Appellate Authority on 28.8.2010. The Appellate Authority has rejected the petitioner’s appeal on the ground that he had approached the Appellate Authority under Rule 18 of the Rules after more than three years and thus the appeal is time barred. On a consideration of the facts and circumstances of the case, I find no specific period for filing the appeal provided under Rule 18 of the Rules and to that extent the impugned order dated 30.10.2010 does not state the law correctly, but the fact remains that the petitioner has approached the Appellate Authority after 3 ½ years from the date of appointment. In such matters third party rights are involved. Such excessive delay cannot be condoned and it is proper for the authorities not to entertain such matters which are filed after such gross delay and 3 laches. For the aforesaid reasons, this Court does not find any merit in the matter to interfere with the impugned order dated 30.10.2010 of the District Teachers Employment Appellate Authority. The writ application is, accordingly, dismissed. VPS ( Ramesh Kumar Datta, J. )