IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18677 of 2009 1. SHYAM SUNDAR MANDAL S/O BAMBHOLI MANDAL R/O VILL- DERRA, P.O. BISHANPUR BAZAR, P.S. MURLIGANJ, DISTT. MADHEPURA Versus 1. THE STATE OF BIHAR, THROUGH MEMBER, DISTRICT TEACHER EMPLOYMENT APPELLATE TRIBUNAL MADHEPURA 2. THE DISTRICT SUPERINTENDENT OF EDUCATION MADHEPURA 3. BLOCK EDUCATION EXTENSION OFFICER GWALPARA, MADHEPURA 4. BLOCK DEVELOPMENT OFFICER GWALPARA, MADHEPURA 5. SUB-DIVISIONAL EDUCATION OFFICER UDAKISHUNGANJ, MADHEPURA 6. PANCHAYAT SECRETARY GWALPARA BLOCK, GRAM PANCHAYAT RAJ RESHNA, MADHEPURA 7. RAJ KUMAR S/O LATE RAMESHWAR MANDAL R/O VILL- GHELLADH, P.S. MURLIGANJ, DISTT. MADHEPURA ----------- 02/ 03.05.2010 Heard counsel for the petitioner and counsel appearing for the State. Petitioner’s prayer is for quashing of the order dated 8.7.2009 passed by the District Teachers Employment Appellate Tribunal, Madhepura in Appeal Case No. 41 of 2008-09. The petitioner was one of the applicants for appointment to the post of Panchayat teacher in the year, 2006. The grievance of the petitioner is that respondent no. 7 Raj Kumar having lesser marks than the petitioner was appointed and the candidature of the petitioner having higher marks was not considered. The appointment, which was made in the year, 2006, was not challenged by the petitioner till 12.3.2009 as in para 6 of the writ application - 2 - petitioner has stated that he filed his application before the Block Development Officer, Gwalpara raising objection on 12.3.2009 and 23.3.2009. The order passed by the B.D.O. has been annexed as Annexure-7 with the writ application, which shows that petitioner, simultaneously has filed appeal before the Appellate Tribunal, because B.D.O. considering the relevant rule, did not pass any order due to lack of jurisdiction and referred the matter to the Tribunal. The Tribunal has also dismissed the appeal preferred by the petitioner, being time barred. I do not find any error in the order. The petitioner could have challenged the appointment of respondent no. 7, immediately, after the appointment process was over. He has filed this application after more than three years delay, which needs no consideration. This application is dismissed. DKS/ (Mridula Mishra, J.)