IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.109 of 2011 Ajay Kumar Kapri, S/o Sri Kangress Kapri, resident of village- Dumarthar, Police Station- Chandan, District- Banka…….. Petitioner Versus 1. The State Of Bihar through Commissioner-cum- Secretary, Primary, Secondary and Adult Education, Bihar, Patna. 2. The Director, Primary Education, Bihar, Patna. 3. District Magistrate, Banka, District-Banka. 4. District Superintendent of Education-cum-District Programme Convenor, Banka, District-Banka. 5. Block Development Officer, Chandan, District-Banka. 6. Block Education Extension officer, Chandan, District- Banka. 7. Secretary of Gram Panchayat-cum-Gram Sevak, Chandan Panchayat, P.S. Chandan, District- Banka. 8. Mukhiya of Gram Panchayat, Chandan, P.S. Chandan, District- Banka. 9. Shamshir Ansari, s/o Gauhar Ali Ansari, resident of village- Gaura, P.S. Chandan, District- Banka. 10. Hemant Kumar Dubey, s/oMurlidhar Dubey, resident of village- Gaura, P.S. Chandan, District-Banka. 11. Kumod Mistry, son of Bhagwan Mistry, resident of village- Chandan, P.S. Chandan, District- Banka. 12. Sunita Kumari, D/o Taramani, resident of village-Chandan, P.S. Chandan, District- Banka……………………. Respondents. ----------- For the petitioner: Mr.Ajay Mukherjee, Advocate For the State: Mr. Manish Dhari Singh, A.C. to G.p.III. -------------- 2. 21.7.2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks quashing of the order dated 27.8.2010 passed by the District Teachers Employment Appellate Authority, Banka and a direction upon the respondents to consider the case of the petitioner for appointment on the post of Shiksha Mitra (now panchayat teacher) in Gram Panchayat, 2 Chandan, Block- Chandan, District-Banka. The petitioner seeks the aforesaid direction with respect to an appointment made in the year 2003. The petitioner was not selected but he did not approach the competent authority by filing an appropriate complaint before him who, at the relevant time, was the District Magistrate. It is stated by learned counsel that the petitioner had approached the Block Education Extension Officer and other officers by filing repeated representations. Such representations cannot take the place of a proper application before the competent authority under the then prevailing Government Circulars in the matter of appointment of Shiksha Mitra. Ultimately, the petitioner filed an appeal before the District Teachers Employment Appellate Authority, Banka being Case No.51/31.12.08. The Appellate Authority has taken note of the matter that the petitioner has not made any objection before any higher authority and neither in his application nor in the course of hearing anything has been stated in this regard nor any copy of such objection has been annexed with the application filed before the Appellate Authority. For the said reasons, it was found that the petitioner’s application was time barred. The Appellate Authority has also looked into the merits of the matter. 3 In my view, since the petitioner has effectively challenged the appointment of Shiksha Mitra of the year 2003 on the last date of 2008, the order of the District Teachers Employment Appellate Authority is unassailable and he is not entitled to any relief in the matter. The writ application is, accordingly, dismissed. VPS ( Ramesh Kumar Datta, J. )