IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3184 of 2007 ABHAY KANT Versus THE STATE OF BIHAR & ORS ----------- 2/ 13/04/2009 This matter has been listed under the heading “for orders” at the request of the counsel for the petitioner. The issue relates to a claim for annulment of appointment of respondent No.10 on the post of Panchayat Teacher and consider the petitioner for such appointment. Learned counsel for the petitioner fairly submits that the petitioner has already filed an application before the appellate authority constituted by the State Government on 25.8.2008 by amendments in the year 2008 to the Bihar Primary Teachers (Appointment and Service Condition) Rules, 2006. He next submits that the issues raised are covered by a decision of this Court in C.W.J.C. No.5921/08 decided on 11.7.2008. Considering that the petitioner has an alternative statutory remedy and that he has already availed of the same by preferring an application to that effect on 2.4.2009 before the appellate authority as 2 appended at annexure-8, this writ application is disposed with the observation that the application of the petitioner be considered and disposed of by the appellate authority within the time period indicated in Rule-2(i) of the 2008 amendment for its disposal by the appellate authority. Any orders of this Court, if applicable to the petitioner, shall also be considered by the appellate authority in accordance with law. It is made clear that this Court has not gone into the merits of the matter and nothing in this order shall be construed or shall preclude the appellate authority from going into all issues of facts and law and which shall not be any justification for the appellate authority to decline interference merely because this Court declined to entertain the writ application only on the ground of availability of a statutory alternative remedy already to the petitioner. The appellate authority is bound to dispose the matter by independent application of mind in accordance with law. The writ application stands disposed. KC (Navin Sinha, J.)