IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9715 of 2008 ASHOK KUMAR MUKHIYA, S/O SRI MAHANTH MUKHIYA, R/O VILLAGE-BEYTAUNA, P.S.+P.O.-BENIPATTI, DISTRICT-MADHUBANI. …………PETITIONERS. Versus 1. THE STATE OF BIHAR THROUGH ITS CHIEF SECRETARY, OLD SECRETARIAT, PATNA. 2. SECRETARY, DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT, BIHAR, PATNA. 3. DIRECTOR, PRIMARY EDUCATION, NEW SECRETARIAT, PATNA. 4. THE DISTRICT MAGISTRATE, MADHUBANI. 5. THE S.D.O., MADHUBANI. 6. BLOCK DEVELOPMENT OFFICER, BISFI BLOCK, MADHUBANI. 7. BLOCK EDUCATION EXTENSION OFFICER, BISFI BLOCK, MADHUBANI. 8. DISTRICT EDUCATION OFFICER, MADHUBANI. 9. SRI KUNJ BIHARI MISHRA, S/O NOT KNOWN PANCHAYAT SACHIV, GRAM PANCHAYAT JAGWAN EAST, BISFI BLOCK, MADHUBANI. 10. SRI RAM PRIT SADA, S/O NOT KNOWN MUKHIYA, GRAM PANCHAYAT RAJ JAGWAN PURVI, BISFI BLOCK, MADHUBANI. 11. DASH KHA JANI, S/O MD.SHAMSAD ALAM, R/O VILLAGE-BARDAHA, P.O.-BARDAHA VIA-KAMTAUL, P.S.-BISFI, O.P.-PATAUNA, DISTRICT- MADHUBANI. 12. SONFI SAHNI, S/O RAM CHANDRA SAHNI, R/O VILLAGE-KATAIYA, P.O.-JAGWAN VIA KAMTAUL, P.S.-BISFI, O.P.-PATAUNA, DISTRICT- MADHUBANI. 13. RAM PRAMOD SAHNI, S/O RAM BIHARI SAHNI, R/O VILLAGE-PALLI, P.O.-PALLU, P.S.- BENEPATTI, DISTRICT-MADHUBANI. ……………RESPONDENTS. ----------- 3 06.09.2011 Petitioner has filed this writ application challenging the appointment of respondent nos.9 to 13 as Panchayat Teachers on the ground that the case of the petitioner was illegally ignored by the respondents, although he had higher marks and he was 2 higher in panel. Under the Rules, petitioner has an alternative remedy before the statutory Appellate Authority constituted in terms of Rule 18 as amended in 2008. In the circumstances, this writ application is disposed of with liberty to the petitioner to file an appeal before the Appellate Authority within four weeks from today. If he does so, 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, if necessary, and shall dispose of the appeal on merits, without going into the question of limitation positively within two months from the date of filing of the appeal by the petitioner. Arvind/ ( J.N. Singh, J.)