IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.941 of 2010 MALA KUMARI W/O SRI VIJAY KUMAR CHOUDHARY R/O VILL KOSHIHAN, P.S.CHANDI, DISTT-BHOJPUR Versus 1. THE STATE OF BIHAR , THROUGH THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT GOVT. OF BIHAR,PATNA 2. THE DISTRICT MAGISTRATE BHOJPUR 3. THE DEPUTY DEVELOPMENT COMMISSIONER BHOJPUR 4. THE BLOCK DEVELOPMENT OFFICER KOILWAR,BHOJPUR 5. THE MUKHIYA GRAM PANCHAYAT GOPALPUR, KOILWAR, BHOJPUR 6. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT GOPALPUR, P.O. KOILWAR, BHOJPUR 7. SMT. REETA KUMARI W/O SRI RAJNISH KR. CHOUDHARY R/O VILL KOSIHAN, GOPALPUR PANCHAYAT,R.BLOCK-KOILWAR,DISTT-KOILWAR ----------- 2/ 21.05.2010 Heard counsel for the petitioner, State as well as respondent No. 7. Petitioner has filed this application for a direction to the Deputy Development Commissioner, Bhojpur, to dispose of her pending appeal, which is pending since 5.10.2009. The appeal was preferred by the petitioner before the D.D.C., Bhojpur, against the order dated 30.9.2009 passed by the B.D.O., Koilwar. It seems that earlier C.W.J.C. No. 12837 of 2008 was filed by Munni Kumari and Ajita Kumari for claiming appointment on the post of Shiksha Mitra. In that writ application, petitioner Mala Kumari had intervened by filing I.A. No. 6429 of 2008. The writ application was disposed of and the matter was remitted to the Block Development Officer, for issuing notice to all concerned after granting adequate opportunity of hearing and furnishing to them materials to enable them to meet the case against them, arrive at a final - 2 - determination by a reasoned and speaking order, of the legality/illegality of the appointment. The B.D.O., as per the direction of this Court, passed an order on 30.9.2009, rejecting the claim of intervener, Mala Kumari and allowing the claim of writ petitioners, Munni Kumari, Ajita Kumari and Rita Kumari. The petitioner had preferred an appeal before the D.D.C. against the order passed by the B.D.O. I find that appeal preferred by the petitioner before the D.D.C. itself, is not maintainable. As Rule 18 of 2006 Rules vests B.D.O. with the power of appeal. No provision for appeal is there under Bihar Panchayat Primary Teachers (Appointment and Service Conditions) Rules. So far D.D.C. is concerned, he is not an Appellate Authority for setting aside any order passed by the B.D.O., who is vested with the power of Appellate Authority. In this circumstance, the prayer made by the petitioner has got no merit. This application is dismissed. Sanjeet/ (Mridula Mishra, J.)