IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18177 of 2010 1. JIUT RAM S/O SRI BHAGWAN RAM R/O VILL. & P.O.- SONBARSHA, P.S.- CHARPOKHARI, DISTT.- BHOJPUR (ARRAH)------ -------------------------------------PETITIONER Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 3. THE DIRECTOR, PRIMARY EDUCATION DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 4. THE CHAIRMAN, DISTRICT LEVEL EDUCATION APPELLATE TRIBUNAL ARRAH, DISTT.- BHOJPUR AT ARRAH 5. THE DISTRICT MAGISTRATE, BHOJPUR, DISTT.- BHOJPUR (ARRAH) 6. THE DISTRICT SUPERINTENDENT OF EDUCATION, BHOJPUR, DISTT.- BHOJPUR (ARRAH) 7. THE SUB-DIVISIONAL EDUCATION OFFICER, SUB DIVISION, DISTT.- BHOJPUR (ARRAH) 8. THE AREA EDUCATION OFFICER, UDWANT NAGAR - CUM - INCHARGE OFFICER DISTRICT TEACHERS APPOINTMENT, BHOJPUR (ARRA) 9. THE BLOCK EDUCATION OFFICER BLOCK- CHARPOKHARI, DISTT.- BHOJPUR (ARRAH) 10. THE MUKHIYA, GRAM PANCHAYAT RAJ SONBARSHA, BLOCK- CHARPOKHARI, P.O. & P.S.- SONBARSA, DISTT.- BHOJPUR (ARRAH) 11. THE PANCHAYAT SECRETARY GRAM PANCHAYAT RAJ, CHARPOKHARI, P.O. & P.S.- SONBARSA, DISTT.- BHOJPUR (ARA) 12. SRI SATYA NARAYAN PRASAD S/O MANGAL PRASAD R/O VILL.- KUSUMHI, P.O.- SONBARSA, VIA- PIRO, P.S.- CHARPOKHARI, DISTT.- BHOJPUR AT ARRAH ----------- 2 19.5.2011 After some delay counsel for the State appears and files a counter affidavit which is not good enough as the basic issue as to why the appeal of the petitioner is not being entertained or acted upon is not explained. This is the second writ application which has been brought to the notice of the Court that Member of District Teachers Appointment Appellate Authority, Bhojpur at Ara is refusing to entertain appeal filed by the persons either through themselves or through post. Despite several indulgences shown by the Court no counter affidavit was furnished as to why the Member of Appellate Authority has behaved in such a manner. - 2 - When a forum has been created by the State Government then that forum has an obligation to entertain complaints and adjudicate. In absence of any clear assistance on the issue, this writ application is disposed of with a direction upon the Principal Secretary, Human Resources Development Department, Govt. of Bihar that he will enquire into the matter as to the conduct of the Member of Appellate Authority, Bhojpur at Ara and if it emerges that Member Appellate Authority is avoiding to discharge his duty in a proper manner as per the law, he will take steps for fresh appointment of a Member of Appellate Authority. Let the same be done within four weeks from the date of communication of production of a copy of this order if the explanation offered by the Member is not satisfactory. He shall also ensure that the appeal of the petitioner is taken up by the appellate Authority and adjudicated at the earliest. This writ application is disposed of with the above direction. RPS (Ajay Kumar Tripathi,J.)