IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1571 of 2007 RATNESH KUMAR MISHRA, Son of Sri Bachcha Mishra, Resident of village Bhathawa, P.S. Kateya, Block- Panchdeori, District Gopalganj. Versus 1. THE STATE OF BIHAR through the Secretary, Department of Human Resources Development, Govt. of Bihar, Patna. 2. The Mukhiya, Gram Panchayat Raj Majhawalia, P.S. Kaqteya, Block Panchdeori, District Gopalganj. 3. The Block Education Extension Officer, Panchdeori, P.S. Kateya, District Gopalganj. 4. The Block Development Officer, Panchdeori, District Gopalganj. 5. The District Education Officer, Gopalganj. 6. The Collector Cum District Magistrate, Gopalganj. 7. Janardan Ojha, Son of Sri Rajendra Ojha, Resident of Village Dhobawal Patkhouli, P.S. Mushahari, P.S. Bijaipur, District Gopalganj. 8. Mamata Kumari, Daughter/wife of Chitaranjan Kumar, At/P.O. Panchdeori, Gopalganj. 9. Brij Mohan Pandey, Son of Sri Kamala Pati Pandey, Resident of Village Manjhawalia, Post Bhathawa Bazar, P.S. Kateya, District Gopalganj. 10. Harsh Kumar Pandey, son of Sri Radha Saran Pandey, Block Kuchaikot, District Gopalganj. 11. Bedbrat Mishra Son of Bashant Mishra, Resident of Village & P.O. Bhatawa Bazar, P.S. Kateya, District Gopalganj. 12. Keshav Tiwari Son of Sri Rabindra Tiwari, Resident of village Nirpatchhaper, P.O. Chhitauna, P.S. Kateya, District Gopalganj. ----------- 2 31.08.2010 Heard counsel for the parties. After some argument counsel for the petitioner in view of prayer made in this writ application reading as follows, “(i)To issue a writ of Certiorari for quashing and cancelling the Merit list on which basis the appointment has been made by the official respondent no. 2 to 5 on the post of Panchayat Teacher, (Untrained General Category) in the Panchayat Raj Majhwalia under Panchdeori Block, Distt. Gopalganj, in which the more meritorious candidates have been arbitrarily ignored and the candidate of lessor marks have been appointed. (ii)To issue a writ of mandamus to the official respondents to examine the gross illegality committed during the process of appointment of the Panchayat Teachers (Untrained General Category) in the Gram Panchayat Raj, Majhwalia in which the meritorious candidates have been ignored and the candidates of lessor marks have been appointed. 2 (iii)To issue a writ of prohibition to stay the services of these teachers who have secured lessor marks than the petitioner but have been appointed in arbitrary and irregular manner ignoring the circulars and guidelines given by the appropriate authority. (iv)To issue a writ of mandamus to appoint the petitioner on the post of Panchayat Teacher (Untrained General Category) whose marks are higher than the appointed teacher in the said Panchayat.” would make his submission that since the petitioner now has statutory alternative forum by way of seeking his remedy before the District Teachers Appellate Authority, he may be given permission to withdraw this application for moving the said authority. In the opinion of this Court, such prayer is quite reasonable, inasmuch as, any issue relating to any illegality in the process of selection and appointment on the post of Panchayat Shikshak has to be looked into by that authority. It is further made clear that the delay of the petitioner in moving the authority will not stand in his way in getting his relief, inasmuch as, the writ application under misconceived notion had remained pending before this Court from 6.2.2007 and therefore if the petitioner files his application before the appellate authority within a period of two months from today, the same shall be disposed of on merits and of course after hearing all the concerned parties. With the aforementioned observations, this application is permitted to be withdrawn. Abhay Kumar ( Mihir Kumar Jha, J.)