IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8917 of 2008 KANCHAN MALA, D/O RAM NARESH PRASAD, W/O SRI KANT PRASAD, R/O VILLAGE-MALIK SARAI, P.O.- ISLAMPUR, DISTRICT-NALANDA. ……………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE DIRECTOR, SECONDARY EDUCATION, GOVERNMENT OF BIHAR, PATNA. 4. THE DEPUTY DEVELOPMENT COMMISSIONER, NALANDA. 5. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, PATNA DIVISION, PATNA. 6. THE DISTRICT EDUCATION OFFICER, NALANDA. 7. RAKESH RANJAN PANDEY, S/O BALMIKI PANDEY, R/O VILLAGE-BARBIGHA BULACHAK, P.S.-BARBIGHA, DISTRICT-SHEIKHPURA, AT PRESENT POSTED AS ASSISTANT TEACHER, R.B.UCHHA VIDYALAYA, NALANDA, P.O. AND P.S.-NALANDA, DISTRICT-NALANDA. …………RESPONDENTS. ----------- 2 23.08.2011 Petitioner’s grievance is that in the counselling for the appointment of Madhyamik Teacher in Geography subject in a +2 school he had appeared and he was put at the top of the panel as he had highest marks. Subsequently, another counselling was held in respect of other subjects and not of Geography. However, when he went to obtain appointment letter he came to know that respondent no.7 has been appointed on the post of Geography teacher in the School under the control of the Zila Parishad, Nalanda. It is submitted that the respondent no.7 had not 2 appeared in the counselling. Hence, he could not be appointed on the post. The question of participation or otherwise of respondent no.7 in the counselling is a question of fact. Hence, it will be appropriate for the petitioner to approach the statutory Appellate Authority set-up under the Rules in terms of 2008 amendment. The petitioner is accordingly granted liberty to approach the concerned Appellate Authority against appointment of respondent no.7 on the post. If he does so within four weeks from today, the Appellate Authority shall issue notice to the concerned parties giving them opportunity to be heard, shall call for the original records from the concerned Panchayat and shall thereafter decide the matter on merits preferably within two months from the date of approach by the petitioner to it in terms of this order. The writ application is disposed of with the aforesaid observations and directions. Arvind/ ( J.N. Singh, J.)