IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4389 of 2009 AKHILESH KUMAR son of Sri Hari nandan Sah, resident of Village Jamldipur P.S.Kharik P.O.Gouripur Dist. Bhagalpur. Versus 1.THE STATE OF BIHAR 2.The District Education Employment Appellate Tribunal at Balsara Bhawan, Old P.O.Road, Ambedkar Road Tilkamanjhi,Bhagalpur. 3.The District Superintendent of Education, Bhagalpur 4.Block Extension Education Officer, Rangara Chowk Prakhand,Dist. Bhagalpur. 5.Block Extention Education Officer,Kharik Prakhand,Dist.Bhagalpur. 6.Block Extension Education Officer, Birpur Prakhand District Bhagalpur. 7.Block Extention Education Officer,Narayanpur Prakhand District Bhagalpur. 8.Block Extention Education Officer Navgachhia, Prakhand Dist. Bhagalpur. 9.Block Extention Education Officer,Ismailpur prakhand District Bhagalpur. 10.Panchayat Secretary,Kharik Bazar,Bhagalpur. 11.Panchayat Secretary,Usmanpur Bhagalpur 12.Panchayat Secretary, Khairpur,Bhagalpur. 13.Panchayat Secretary, parbatta, Bhagalpur. ----------- 2 13.7.2009. Heard counsel for the petitioner and the State. Prayer of the petitioner is for a direction to the respondents authority to consider and include his name in the counseling process for the post of panchayat teacher in any of the blocks/Panchayat in the district of Bhagalpur. Petitioner has passed his I.A. examination from Central Board of Higher Education, New Delhi. His apprehension is that his educational qualification from the Central Board of Higher Education New Delhi may not be acceptable by the respondents on the ground that the institution is not the recognized institution. Petitioner has already filed his appeal before the District Education Appellate Tribunal and the District Superintendent of Education, Bhagalpur has submitted report for consideration before the tribunal relating to the 2 validity of the certificate issued from the institution. It seems that the appeal preferred by the petitioner is still pending. This matter is being disposed of with a direction to the District Appellate Tribunal to consider and decide the matter of petitioner’s non consideration in the selection/recommendation process. The appellate tribunal will consider all relevant documents relating to validity of recognition of the institution i.e. Central Board of Higher Education, New Delhi. The appellate tribunal will decide this matter preferably within four weeks from the date of receipt/production of a copy of this order. In case the institution from which the certificate of education has been issued in favour of the petitioner is found to be genuine institution, the respondent shall direct the member of the appellate tribunal to allow the petitioner in counseling on the basis of his qualification. This application is disposed of. Sss/- (Mridula Mishra, J)