IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14954 of 2008 Bimlendu Kumar Dwivedi, son of Sri Sachitanand Dubey, resident of Village Hajiyapur, Ward No.27, P.O. + P.S. Gopalganj, District Gopalganj….............................Petitioner Versus 1. The State Of Bihar. 2. The Commissioner – cum - Secretary, Human Resources Development Department, Government of Bihar, Patna. 3. The District Magistrate, Gopalganj. 4. The Sub-Divisional Officer, Gopalganj. 5. The Superintendent of Education, Gopalganj. 6. The Block Development Officer, Sadar Block, Gopalganj. 7. The Block Education Extension Officer, Gopalganj. 8. The Mukhiya, Gram Panchayat, Manikpur, Gopalganj. 9. The Panchayat Secretary, Gram Panchayat, Manikpur, Gopalganj……………………………………..Respondents --------- For Petitioner: Mr. Ranjan Kumar Shrivastva, Advocate For the State: S.C.10 2 16.11.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. The case of the petitioner is that even after earlier appointment of the petitioner was cancelled and fresh selection process was held, petitioner was not appointed though he was second in the merit list, as admitted by the Sub- Divisional Officer in his report dated 31.05.2007. Hence, he has filed a representation before the District 2 Magistrate, Gopalganj, a copy whereof is annexed as Annexure-5. Under the provisions of 2006 Rules which is statutory one, District Magistrate has no authority to pass orders in respect of appointment or otherwise of Panchayat Teachers. It is solely the Appellate Authority constituted under the Rules now in terms of 2008 Amendment which can only look into validity of appointment and pass appropriate orders. In the circumstances, petitioner is granted liberty to move the statutory Appellate Authority constituted under the Rules for redressal of his grievances. If he does so within four weeks from today, the Appellate Authority shall issue notice to concerned parties giving them opportunity to be heard, besides Panchayat authorities, shall call for the original records, if necessary, and shall pass an appropriate order in accordance with law on merits preferably within the time frame fixed under the Rules for disposal of the said representation. 3 This writ application is disposed of with the aforesaid observations and directions. BT (J. N. Singh, J.)