IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11823 of 2006 SUDHA KUMARI, Wife of Shri Raghunandan Kumar Sharma Resident of Alam Nagar, P.S. Alamnagar, District Madhepura ….. Petitioner Versus 1. THE STATE OF BIHAR 2. The Collector, Madhepura 3. The Deputy Development Commissioner, Madhepura 4. The District Superintendent of Education, Madhepura. 5. The Block Education Extension Officer, Alamnagar, P.S. Alamnagar, District Madhepura 6. The Head Master, Girls Middle School, Alamnagar, Madhepura 7. The Mukhiya, Gram Panchayat, Alam Nagar (East), P.s. Alamnagar, District Madhepura ….. Respondents ----------- For the Petitioner : Mr. Hare Krishna Kumar, Advocate For the State : Mr. Rajeev Roy, G.P. V. ---- 2 15.03.2011 Heard learned counsel for the petitioner and the State. It is submitted on behalf of the petitioner that she was appointed as Shiksha Mitra and joined as such in a school and thereafter was sent for training. But after completion of training she was not allowed to continue in service. It is also submitted that a representation in this regard was filed before the District Superintendent of Education, Madhepura and a copy of the same was forwarded to the District Magistrate, Madhepura, who was a competent authority at the relevant period to 2 entertain such complaints prior to coming into force of the Bihar Panchayat Prarambhik Shikshak (Niyojan Avam Shewa Shart) Niyamawali, 2006. However, the same could not be disposed of and the petitioner has approached this Court. In the meantime the amended Bihar Panchayat Prarambhik Shikshak (Niyojan Avam Shewa Shart) Niyamawali, 2006 ( as amended by Amendment Rules 2008) have come and the appellate tribunal has come in existence and is functioning. In that view of the matter, it is submitted that the petitioner wants to withdraw this application to move before the newly constituted appellate authority under Rule 18 of the Bihar Panchayat Prarambhik Shikshak (Niyojan Avam Sewa Shart) Niyamawali, 2006 ( as amended by Amendment Rules 2008) (hereinafter referred to as “the Rules) as no decision could be taken by the then competent authority. Learned counsel for the State raises no objection. Accordingly, this writ application is dismissed as withdrawn with liberty to the petitioner to avail the 3 forum of appeal. If such an appeal is filed by the petitioner within eight weeks from today before the concerned appellate authority, the same shall be considered on its own merit and disposed of in accordance with law within the time prescribed in the Rules. It is made clear that this Court has not formed any opinion with regard to the merit of the case of the petitioner. Spd/- ( Dr. Ravi Ranjan, J.)