IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6631 of 2009 KHURSHID ALAM son of Obaidul Rahman, resident of Village Azimabad P.O.Baga P.S.Azimabad, District Bhojpur at ara. Versus 1.THE STATE OF BIHAR 2.The Principal Secretary, Human Resource Department, Government of Bihar, Patna. 3.The Director, Primary Education,Bihar,Patna. 4.The District Magistrate, Bhojpur 5.The District Superintendent of Education-cum-District Programe Co- ordinator, Bihar Education Project, Bhojpur at Ara. 6.The Block Development Officer,Sandesh District Bhojpur. 7.The Area Education Officer,Udwant Nagar, Bhojpur,Ara 8.The Mukhiya, baga Gram Panchayat,Sandesh Block,District Bhojpur, Ara. 9.The Panchayat Secretary, baga Gram Panchayat,Sandesh Block, District Bhojpur Ara. 10.Wasi Uzzama son of Late Mahboob Alam,resident of Village & Post Baga P.S.Azimabad, District Bhojpur, Ara. ----------- 2 23.6.2009. Petitioner has prayed for a direction to the District Superintendent of Education-cum- District Programme Co-ordinator, Bihar Education Project, Bhojpur at Ara, the Mukhiya and Panchayat Secretary, Baga Gram Panchayat, Sandesh Block to appoint him on the post of Panchayat Teacher reserved for Urdu candidate canceling the appointment of respondent no.10. Petitioner’s case is that he has got higher marks than respondent no.10, but ignoring his merit respondents have illegally 2 appointed respondent n o.10 for extraneous consideration. Immediately he had filed his objection before the Block Development Officer who was appointing authority at the relevant time, but no action was taken as such he filed representation before the District Magistrate, Bhojpur and on the direction of the District Magistrate an enquiry was conducted in this regard and the allegations made by the petitioner were found true, irrespective of this fact no action was taken by the Block Development Officer. In August, 2008 the rule has been amended and now District Teachers Employment Appellate Authority constituted at the district level who is competent to look into the matter. It is required that the petitioner should exhaust his statutory remedy available to him under the Act. Accordingly this application is disposed of giving liberty to the petitioner to file his appeal before the appropriate forum as provided under the Act and the appellate authority will look into the matter and decided the appeal within the time prescribed under the Rules. This application is disposed of. Sss/- (Mridula Mishra, J)