IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9930 of 2008 RAJESH KUMAR, S/O BAIDYANATH YADAV, R/O VILLAGE-ALAKJARA, P.O. AND P.S.-JHAJHA, DISTRICT-JAMUI. …………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY-CUM-COMMISSIONER, HUMAN RESOURCES DEPARTMENT, VIKASH BHAWAN, VAILEY ROAD, PATNA. 2. THE COLLECTOR, AT/P.O. AND DISTRICT- JAMUI. 3. THE BLOCK DEVELOPMENT OFFICER, JHAJHA, P.O. AND P.S.-JHAJHA, DISTRICT-JAMUI. 4. THE MUKHIYA, HATHIA PANCHAYAT, VILLAGE- PANDADIH, P.O. AND P.S.-JHAJHA, DISTRICT-JAMUI. …………RESPONDENTS. ----------- 2 12.09.2011 Petitioner was appointed as Shiksha Mitra for one term. His term expired on 05.02.2004. It is alleged that the Mukhiya and Panchayat Secretary did not re-engage him only to accommodate the daughter-in-law of the Mukhiya. Hence, petitioner filed his application on 09.02.2004 i.e. only after four days after his first term expired. Petitioner had got a certificate from the Chairman of the Shiksha Samittee that his services in the first term has been satisfactorily. In spite of that he was not re-engaged. Hence, he moved this Court through CWJC No.13818 of 2006. This Court by order dated 03.09.2007 directed him to represent the 2 B.D.O. within four weeks who was directed to dispose of his representation on merits in accordance with law. The representation of the petitioner has been disposed of by the B.D.O. vide Annexure-3. The B.D.O. has rejected the same on the ground that in the inquiry it was found that the petitioner was a regular student somewhere. Hence, he could not be appointed as Shiksha Mitra. Learned counsel for the petitioner submits that the inquiry was held behind the back of the petitioner and he was not given any show cause notice in respect of the finding that he was a regular student of somewhere else and as such he was not eligible for appointment as Shiksha Mitra. The writ application was filed on 09.07.2008 with service of two copies of the same in the office of learned Advocate General. However, till today no counter affidavit has been filed. In the circumstances, the writ application is disposed of with liberty to the petitioner to move the statutory Appellate Authority, constituted under the Rules after 2008 amendment. If he does so 3 within four weeks from today, the Appellate Authority shall call for the original records, shall issue notice to the concerned parties giving them opportunity to be heard and shall decide the matter on merits without being swayed away by the order of the B.D.O., i.e., the earlier Appellate Authority and without feeling any impediment on account of the said order for deciding the matter on merits. Arvind/ ( J.N. Singh, J.)