IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10105 of 2009 NEERAJ KUMAR, SON OF SHRI NAGESHWAR DAS, RESIDENT OF VILLAGE-MAHUA BIGHA, P.O.-USAS DEORA, VIA-MOW, P.S.-KONCH, DISTRICT-GAYA (BIHAR) ……… ……………… PETITIONER. Versus 1. THE STATE OF BIHAR , through Secretary-cum-Commissioner, Human Resources Development Department, Govt of Bihar, Patna 2. The Director, Primary Education, Bihar, Patna. 3. The Commissioner , Magadh Division, Gaya. 4. The District Magistrate, Gaya, District-Gaya. 5. District Superintendent of Education, Gaya, District-Gaya. 6. Block Development Officer, Konch Block, District-Gaya. 7. District Teachers Employment Appellate Authority, Gaya through its member. 8. Gram Panchayat, Ashlempur, through Panchayat Secretary, block- Konch, District-Gaya. 9. Shri Kamta Choudhary son of Shri Ram Barat Chaudhary, resident of village-Mahua Bigha, P.O.Usas Deora, P.S.-Konch, District-Gaya. …………………… respondents. ----------- 2. 08.09.2009 Heard the counsel for the petitioner and the counsel appearing for the state. This application has been filed by the petitioner for quashing the order contained in letter No. 7 dated 05.12.2006 and letter No. 9 dated 22.12.2006, whereby the Mukhiya/Panchayat Secreetary of Gram Panchayat Ashlepur, has appointed Respondent No. 9 as Panchayat teacher, ignoring the petitioner who has higher marks than the Respondent No. 9. Petitioner’s grievance is that he had filed his objection against this illegality before the Block Development Officer, Konch, Gaya but no action was taken by the Block Development Officer. Thereafter, he moved before the District Magistrate, and the 2 direction of the District Magistrate, Gaya and the District Superintendent of Education, Gaya was also ignored by the Block Development Officer, Gaya. Finally, he preferred an appeal vide Appeal Case No. 63/2008-09 before the District Teachers Appointment Appellate Tribunal, Gaya and the same is also not being considered and decided by the appellate tribunal. The matter is pending for a long time before the Appellate Tribunal. This writ application is being disposed of directing the District Teachers Appointment Appellate Tribunal, Gaya to decide Appeal Case No. 63/2008-09 within three months from the date of communication/production of the order. After giving notices to all necessary parties and considering the cases of relevant parties, the appeal must be decided in accordance with law. AKV/ (Mridula Mishra, J.)