IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14408 of 2007 SUNITA KUMARI, wife of Surendra Prasad ‘Nirala’, resident of village – Dighra, Panchayat Gaura, District Jamui ….. Petitioner Versus 1. THE STATE OF BIHAR through its Chief Secretary, Patna 2. The Secretary-cum-Commissioner, Department of Education, State of Bihar, Patna 3. District Magistrate, Patna 4. District Education Superintendent, Jamui 5. Block Development Officer, Laxamipur, District Jamui 6. Block Education Extension Officer, Laxamipur, District Jamui 7. Mukhia, Village – Panchayat Raj , Gaura, Block – Laxamipur, District – Jamui 8. The Panchayat Secretary, Village Panchayat Raj, Gaura, Block – Laxamipur, District – Jamui 9. Members of the Samittee , Panchayat Raj , Gaura, Block – Laxamipur, District – Jamui …… Respondents ----------- For the Petitioner : Mr. Anil Kumar Singh ------ 2 14.03.2011 Heard learned counsel for the petitioner. It is submitted on behalf of the petitioner that though she was having higher qualification, she was denied appointment and other persons having lesser qualifications were appointed as Mahila Siksha Mitra in her place and they have been absorbed as Panchayat Teacher after coming in force of the Bihar Panchayat Prarambhik Shikshak (Niyojan Avam Shewa Shart) Niyamawali, 2006. 2 Learned counsel submits that the Block Development Officer, Laxamipur earlier by Annexure 5 has written to the District Superintendent of Education concerned regarding illegality / irregularity committed by the appointing authority in appointing other persons who were holding matriculation certificate in place of the petitioner, who is Intermediate pass. It is submitted that the petitioner wants to withdraw this application to move before the newly constituted appellate authority under Rule 18 of the Bihar Panchayat Prarambhik Shikshak (Niyojan Avam Shewa Shart) Niyamawali, 2006 (as amended by Amendment Rules 2008) (hereinafter referred to as “the Rules) by filing an appeal for redressal of her grievance. Accordingly, this writ application is dismissed as withdrawn with liberty to the petitioner to avail the forum of appeal. If such an appeal is filed by the petitioner within eight weeks from today before the concerned appellate authority, the same shall be considered on its own merit and disposed of in accordance with law within the time prescribed in the 3 Rules. It is made clear that this Court has not formed any opinion with regard to the merit of the case of the petitioner. Spd/- ( Dr. Ravi Ranjan, J.)