IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.898 of 2008 Ramekbal Thakur, S/o Nathuni Thakur, resident of village Siswa, P.S. Banjariya, District East Champaran……………………………………………………Petitioner Versus 1. The State Of Bihar. 2. The District Magistrate, East Champaran, Motihari 3. The Sub-Divisional Officer, Motihari Sadar, East Champaran, Motihari 4. The District Superintendent of Education, East Champaran, Motihari 5. The Block Development Officer, Banjariya, District East Champaran, Motihari 6. The Block Education Extension Officer, Banjaria, District East Champaran, Motihari 7. The Panchayat Sewak Siswa East, Block Banjariya, District East Champaran 8. The Mukhiya Siswa East Block Banjariya, District East Champaran, Motihari 9. Raju Prasad, S/o Sri Yogendra Prasad, resident of village Siswa Tola Amua, P.S. Banjariya, District East Champaran…………………………………………………….…….Respondents ----------- 2 31.08.2010 Heard learned counsel for the petitioner as well as learned counsel for the State. Petitioner’s case is that he was appointed as Panchayat Teacher under handicap quota with 50% disability. Later on, respondent no.9 filed an application before the respondent-Block Development Officer, challenging the appointment of the petitioner on the ground that earlier he had produced a medical certificate showing 25% disability whereas respondent’s disability is to the 2 extent of 70%. Respondent-Block Development Officer considered the case of the parties and passed orders, as contained in Annexure-8, in favour of the respondent. Respondent no.9 alleges that the petitioner had produced handicap certificate showing wrong percentage of his disability. The actual percentage of disability of the persons cannot be examined by this Court. Therefore, it will be appropriate that the parties should appear before the concerned Appellate Authority and file their applications within one month from today. On appearance of the parties, the Appellate Authority will be at liberty to call both the candidates, assess their percentage of disability or refer both of them to a Medical Board constituted by the concerned Civil Surgeon-cum-Chief Medical Officer for assessment of their percentage of disability and thereafter shall consider the matter on merits and pass orders in accordance with law. The process should be completed by the Appellate Authority within two months from the date of filing of the application by the parties. It is made clear that if any of the 3 parties fail to submit their application within one month from today before the Appellate Authority, the Appellate Authority shall presume that the party has given up his claim for appointment on the post and shall proceed accordingly. The writ application is disposed of with the aforesaid observations and directions. BT (J. N. Singh, J.)