IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11629 of 2009 VIVEKANAND, Son of Sri Jai Prakash Sharma, resident of village and P.O.- Rajendra Khurd, P.S. Atari, District – Gaya. ….. Petitioner. Versus 1. THE STATE OF BIHAR. 2. The Commissioner, Magadh Commissionary, Gaya. 3. The District Magistrate, Gaya. 4. The District Superintendent of Education, Gaya. 5. The Block Development Officer, Mohra, Atari, District – Gaya. 6. The Block Education Extension Officer, Block Resources Centre, Atari, District – Gaya. 7. The Mukhiya, South Kajur Gram Panchayat, P.S. Atari, District – Gaya. 8. The Secretary, South Kajur Gram Panchayat, P.S. Atari, District – Gaya. 9. Panchayat Sevak, South Kajur Gram Panchayat, P.S. Atari, District – Gaya. ….. Respondents. ----------- 02/ 05.11.2009 Heard counsel for the petitioner and counsel appearing for the State. Petitioner has filed this application for a direction to the respondent authorities to appoint him on the post of Panchayat teacher cancelling the appointment of respondents for the reason that petitioner has got higher marks than the person, who has been appointed. Petitioner’s case is that he had filed his objection before the Block Development Officer, the competent authority under Rule 18 of Bihar Primary Teachers Appointment and Service Conditions Rules, 2006. The objection filed by the petitioner, was not disposed of and remained pending, till date no order has been passed. Now under amended 2008 Rules, the Block Development Officer is not competent to - 2 - decide such objections. He should refer the objection of the petitioner to the appellate forum. The Block Development Officer, Mohra (Atari) in the district of Gaya is directed to refer the objection petition filed by the petitioner, against non consideration of his appointment in South Kajur Gram Panchayat, to the District Teachers Employment Appellate Tribunal, Gaya within one week from the date of production/communication of the order. The Appellate Tribunal thereafter will decide the objection of the petitioner, in accordance with law within the statutory period. DKS/ (Mridula Mishra, J.)