IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11096 of 2006 GEETA KUMARI, wife of Jintendra Prasad Singh, resident of Village-Mahaddiganj, Post Office & Police Station-Sasaram, District-Rohtas… ….Petitioner Versus 1. THE STATE OF BIHAR, 2. The Commissioner & Secretary, Primary and Adult Education Department, Bihar, Patna, 3. The Director, Panchayati Raj, Bihar, Patna, 4. The District Magistrate, Rohtas, Sasaram, 5. The District Panchayati Raj Officer, Rohtas, Sasaram, 6. The District Superintendent of Education, Sasaram, 7. The Block Development Officer, Sasaram, 8. The Block Education Extension Officer, Sasaram, Rohats, 9. The Mukhiya, Gram Panchayat, Mahaddiganj, Sasaram, 10. The Panchayat Secretary, Gram Panchayat, Mahddiganj, Sasaram, 11. Chandrabala Kumari, wife of Raj Kumar, resident of Village-Mahaddiganj, Post Office & Police Station- Sasaram, District-Rohtas, 12. Sikha Kumari, daughter of Jagdish Prasad Singh, resident of Village-Mahaddiganj, Post Office & Police Station-Sasaram, District-Rohtas, 13. Sandhya Singh, wife of Ramdhari Singh, resident of Village-Mishripur, Post Office-Sasaram, District- Rohtas, 14. Gita Kumari, wife of Sunil Kumar, resident of Village- Dhanpurva, Post Office-Sasaram, District-Rohtas… …..Respondents. 3 11.03.2011. Heard learned counsel for the petitioner, State as well as Respondent Nos.11, 13 and 14. It is submitted on behalf of the petitioner that Respondent Nos.11, 13 and 14 were illegally appointed on the post of Panchayat Shiksha Mitra and after coming into 2 force the Bihar Panchayat Parambhik Shikshak (Niyojan Avam Seva Sart) Niyamavali, 2006 with effect from 1st of July 2006, they have been absorbed as Panchayat Teachers. Learned counsel for the petitioner also submits that during the pendency of this writ application, the aforesaid Rules have been amended in the year 2008 and the Appellate Tribunal has been constituted and is now functional. In the above view of the matter, learned counsel for the petitioner seeks permission to withdraw this writ application with a liberty to move before the Tribunal constituted for the purpose. Learned counsel for the State and the Respondent Nos.11, 13 and 14 raise no objection with regard to the same. Permission is accorded. This writ application is dismissed as withdrawn with the aforesaid liberty granted to the petitioner. If such appeal is filed by the petitioner within eight weeks from today, then the appellate authority concerned shall consider the same on its own merit and in accordance with law within the time prescribed under the Rules. It is made clear that this Court has not formed 3 any opinion with regard to the merit of the case of the petitioner. Sanjay-II ( Dr. Ravi Ranjan, J.)