IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14779 of 2009 1. PREM KUMAR S/O LATE SUDHESHWAR SINGH R/O VILL.- PANDURA, P.S. SANDHESH, DISTT.- ARRAH----------PETITIONER Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, ARRAH 3. THE BLOCK DEVELOPMENT OFFICER, SANDESH, ARRAH 4. SANT PRAKASH SINGH S/O SRI RAM PEYARE SINGH R/O VILL.- PANDURA, P.S. SANDESH, DISTT.- ARRAH-------RESPONDENTS ----------- 4 18.1.2011 Heard learned counsel for the parties. This writ application is being disposed of on a very limited issue relating to objection which has been raised by the petitioner that the District Magistrate of Ara had no jurisdiction to pass any order at least contained in Annexure-1. By virtue of this order he has held that the petitioner, namely, Prem Kumar has to be removed from the post and Sant Prakash Singh, respondent no.4 should be appointed on the post because of his date of birth. Without going into the nitty-gritty of the findings given by the District Magistrate and even if the submission made by the counsel for the petitioner is correct, this writ application is disposed of with a direction that the petitioner will move the District Employment Appellate Authority challenging the order passed by the Block Development Officer against which annexure- 1 came to be passed and the District Employment Appellate Authority will hear both, the petitioner and the private respondent no.4 and decide the issue. The decision rendered by the District Magistrate may or may not be of any consequence in the light of the fact that he had no jurisdiction to adjudicate the issue but the reason will apply to either of the party. The District Employment - 2 - Appellate Authority is directed to adjudicate the issue at the earliest provided the petitioner moves the authority within a period of three weeks from today. So far any interim order passed in this regard will have no meaning now. The outcome of the adjudication will govern the issue. The status quo as prevailing today will be maintained till the final order in this regard is passed by the Appellate Authority. This writ application is disposed of with the above direction. RPS (Ajay Kumar Tripathi,J.)