® CAP w?” IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR w.P.(5)No. 699W /2o11 / PETITIONER CHEABILAL KE$HARIVA w.“ (Am‘hro-disabled—handicapped) s/o Shri Sherwan Kumar‘ Keshar'ia, /". \I\ aged abou‘r 45 years, Ar’rhro— A‘L 3.(~ Chef ExecuTive Officer , Jila Panchaym‘ Durg, burg [6.6.] 4. W'Chha‘rfisgarh Professionai Examina'i'ion Board, Raipur, Through : The Direcfor, Chha’rfisgarh Professiona! Examinafion Board, Madhyamik v S \Wiw“ \\¢ v ’fa’ disabled-handicapped candida’re for Shiksha Karmi dass— $0 r{§\."‘.¢u 15*, r'/o C/o SaeiTr'i Bande, Pos‘r & Q . $ «W ,.<$\ $2? $5 0/ village Churel, Tahasii and Dis’r'r. Durg [C.G.] g; VERSES RESPONDENTS: (”m 1. S’rm‘e of Chhm‘fisgarh, Through: — The Secrefary, Panchaym‘ & Socia! Weh‘are Department D.K.S. e\ Bhawan, Raipur [CGJ 2. Wéollec‘ror’, Dis’rr'icf Durg [C.G.], Shiksha Manda! Parisar, Pension Bada, Raipur (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA. HIGH COURT OF CHHATTISGARH AT BILASPUR (Hon. Mr. Justice Pritinker Diwaker) W.P.(S) No. 5094 of 2011 Petitioner Chhabilal Kesh'ariya VERSUS Respondents State of Chhatti$garh and others Present: Shri Way Deshmukh, counsa! for the petitioner. Shri Y.S. Thakur, Dy. A.G. forthe State. O R D E R (02.09.2011) Learned counsel for the petitioner submits that the petitioner has aiternative remedy of filing appeal under Rule 13 of the Chhattisgarh Panchayat Shiksha Karmi (Recruitment and Conditions of Service) Ruies, 2007 and therefore, he may be permitted to withdraw this petition with liberty to file appeal before the competent authority. He further submits that the appellate authority be directed to decide the appeal of the petitioner ignoring the point of limitation. 2. Learned counsel for the State submits that he has no objection if the petitioner withdraws this petition and files any appeal before the competent authority. He further submits that the petitioner would be at liberty to file appropriate application before the appellate authority for condonation of delay and the said application'would be decided in accordance with law. 3. The petitioner is permitted to withdraw this petition with the aforesaid liberty. 4. ln the eventuality of filing any appeal by the petitioner within three weeks from the date of receipt of copy of this order, the appellate authority shall decide the same in accordance with law ignoring the point of limitation. . It is made ciear that this Court has not expressed any opinion on merits of the case and ihe authority concerned would be at iiberty to decide the same strictiy in accordance with iaw. W-w Sd/- Pritinker Diwaker Judge x