IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9725 of 2008 MITHILESH KUMAR UPADHYAY, S/O SRI DEVMUNI UPADHAYAY, R/O VILLAGE-KOHARI, P.S.-BHABHUA, DISTRICT-KAIMOOR. …………PETITIONERS. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY PRIMARY AND ADULT EDUCATION, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 2. THE SECRETARY, PRIMARY AND ADULT EDUCATION, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE DIRECTOR, PRIMARY EDUCATION, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 4. THE DISTRICT MAGISTRATE, KAIMUR CUM CHAIRMAN, SARVA SIKSHA ABHIYAN, KAIMUR AT BHABHUA. 5. THE SUPERINTENDENT OF POLICE, KAIMOOR AT BHABHUA. 6. THE ADDITIONAL COLLECTOR, KAIMUR AT BHABHUA. 7. THE DEPUTY DEVELOPMENT COMMISSIONER, KAIMUR-CUM-VICE-CHAIRMAN, SARV SIKCHA ABHIYAN, KAIMUR AT BHABHUA. 8. THE BLOCK DEVELOPMENT OFFICER, BHABHUA, KAIMOOR. 9. THE DISTRICT EDUCATION OFFICER, KAIMUR AT BHABHUA. 10. THE DISTRICT SUPERINTENDENT OF EDUCATION, KAIMUR-CUM-DISTRICT PROGRAMME COORDINATOR, SARV SIKSHA ABHIYAN, KAIMUR AT BHABHUA. 11. THE RANGE EDUCATION OFFICER, KAIMUR AT BHABHUA. 12. THE PRAMUKH, PANCHAYAT SAMITY, KOHARI, DISTRICT- KAIMUR AT BHABHUA. 13. THE BLOCK EDUCATION EXTENSION OFFICER, BHABHUA, DISTRICT- KAIMUR AT BHABHUA. 14. THE CHAIRMAN, SUKH SUBIDHA COMMITTEE, GRAM PANCHAYAT, KOHARI, DISTRICT- KAIMUR AT BHABHUA. 15. THE MUKHIYA, GRAM PANCHAYAT, KOHARI, DISTRICT- KAIMUR AT BHABHUA. 16. THE SECRETARY CUM GRAM SEVAK, GRAM PANCHAYAT, KOHARI, DISTRICT- KAIMUR AT BHABHUA. 17. MEMBER, SUKH SUBIDHA COMMITTEE, GRAM PANCHAYAT, KOHARI, DISTRICT- KAIMUR AT BHABHUA. …………RESPONDENTS. 2 ----------- 3 06.09.2011 In this writ application petitioner has challenged an order of the B.D.O. dated 03.03.2008, as contained in Annexure-13, by which his representation, filed pursuant to an order of this Court in his earlier writ application, has been rejected. Petitioner desires to challenge this order of the B.D.O. on merits and in reference to the original records. This Court is of the opinion that the claim of the petitioner can be better examined in reference to the original records by the statutory Appellate Authority constituted under the Rules. In the circumstances, this writ application is disposed of with liberty to the petitioner to file a representation before the statutory Appellate Authority within four weeks from today. If he does so, the Appellate Authority shall call for the original records, shall issue notice to the concerned parties giving them opportunity to be heard and shall examine the materials and documentary evidences produced by the petitioner along with his 3 representation and shall decide the matter on merits within two months from the date of filing of the representation by the petitioner. The Appellate Authority shall exercise jurisdiction under the orders of this Court and the impugned order of the B.D.O. shall not come in its way in deciding the matter on merits and it shall not feel any constraints in taking a decision on account of the order of the B.D.O. Arvind/ ( J.N. Singh, J.)