IN THE HIGH COURT OF JUDICATURE AT PATNA C.W.J.C. No.6982 of 2009 Md. Mumtaz Alam, S/O Reyaz Ahmed, R/O village & P.O. Manpur, P.S. Khaira, district Saran .. Petitioner Versus 1. The State of Bihar 2. The Principal Secretary, Department of Human Resources, Government of Bihar, Patna 3. The Director, State Project, Bihar Education Project Council, Bihar, Patna 4. The District Magistrate, Gopalganj 5. The District Superintendent of Education, Gopalganj 6. The Block Development Officer, Kateya, district Gopalganj 7. The Block Education Extension Officer, Kateya, district Gopalganj 8. The Selection Committee (Block Teachers), Block Kateya, district Gopalganj, through Block Pramukh, Block Kateya, district Gopalganj .. Respondents **** /3/ 14.07.2009 Heard the counsel for the petitioner and the State. 2. Petitioner is aggrieved as counseling for selection and appointment of Block Teachers in Block Kateya in the district of Gopalganj has been conducted on 24.01.2009 in violation of provisions for appointment under the Bihar Panchayat Elementary Teachers (Appointment and Service Condition) Rules, 2008. Under Rules 2008, in case of any complaint relating to appointment, transfer or service condition of the teachers, there is a provision for filing an appeal before the District Education Appellate Tribunal. Rule 2 18 provides for such an appeal. Petitioner has got his statutory remedy available under Rule 18 of the Bihar Panchayat Elementary Teachers (Appointment and Service Condition) Rules, 2008, which has not been exhausted. Petitioner is permitted to withdraw this application with a liberty to raise all objections before the appellate tribunal by filing an appeal. In case such appeal is preferred by the petitioner, the appellate forum will see that if necessary interim relief should be allowed in favour of the petitioner, till disposal of the appeal. With these observations and directions, this application is dismissed as withdrawn. Cp:2/S.A. (Mridula Mishra, J.)