IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3267 of 2008 AMIT KUMAR RAI, S/O PREM SHANKAR RAI, R/O VILLAGE-BITHWAR, P.O.-MANIHARI, P.S.-BHABHUA, DISTRICT-KAIMUR AT BHABHUA. ……………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. DEPUTY DEVELOPMENT COMMISSIONER, KAIMUR BHABUA. 3. B.D.O. BHABUA, P.S.-BHABUA, DISTRICT- KAIMUR. 4. THE MUKHIYA GRAM PANCHAYAT MANIHARI PANCHAYAT OFFICE, BITHWAR, P.S.-BHABUA, DISTRICT-KAIMUR. 5. PANCHAYAT SECRETARY, GRAM PANCHAYAT MANIHARI PANCHAYAT OFFICE, BITHWAR, P.S.- BHABUA, DISTRICT-KAIMUR. 6. HEAD MASTER, NEHRU SMARAK UCHCHA VIDYALAYA, KAMHARI MANIHARI, P.S.-BHABUA, DISTRICT-KAIMUR. 7. SUNIL KUMAR RAI, S/O LATE SHAYAM NARAYAN RAI, R/O VILLAGE-MANIHARI, P.S.-BHABUA, DISTRICT-KAIMUR AT BHABUA. ……………RESPONDENTS. ----------- 3 30.06.2011 Learned counsel for the petitioner submits that the petitioner has been wrongly debarred from consideration on the ground that he had the qualification of only vocational course,and the respondent no.7 has been appointed although the respondent no.7 had lesser marks than the petitioner as will be evident from the merit list (Annexure-2). However, since the petitioner has an alternative remedy available to him before the statutory Appellate Authority, it will be advisable for the petitioner to move the Appellate Authority in the matter. If he does 2 so within four weeks from today the same shall be considered by the Appellate Authority in accordance with law after complying with the Principles of Natural Justice, preferably within a period of two months from the date of receipt/production of a copy of this order. Arvind/ ( J. N. Singh,J.)