IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1843 of 2011 In Civil Writ Jurisdiction Case No. 14564 of 2007 With Interlocutory Application no. 8288 of 2011 In Letters Patent Appeal No.1843 of 2011. ====================================================== Anant Prasad, Son of Late Diwakar Jha, Resident of Village - Musapur, P.S. Ghatho, District - Samastipur .... .... Petitioner - Appellant Versus 1. The State of Bihar 2. The Secretary, Human Resources Development Department, Bihar, Patna 3. The Secretary, Primary and Adult Education Department, Bihar, Patna 4. The District Magistrate, Samastipur 5. The District Superintendent of Education, Samastipur 6. The Block Development Officer, Sarai Ranjan, Samastipur 7. The Block Education Extension Officer, Sarai Ranjan, Samastipur 8. The Panchayat Shikshak Selection Committee through Mukhia, Musapur Gram Panchayat, Samastipur 9. The Mukhiya, Musapur Gram Panchayat, Samastipur 10. The Panchayat, Secretary-cum-Panchayat Sevak, Musapur Gram Panchayat, Samastipur .... .... Respondents – Respondents. ====================================================== Appearance : For the Appellant/s : Mr. Baidya Nath Thakur, Advocate. For the Respondent/s : Mr. Binay Kumar Pandey, AC to SC V. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER Patna High Court LPA No.1843 of 2011 (2) dt.05-12-2011 2 / 3 2 (Per: HONOURABLE THE CHIEF JUSTICE) 2 05-12-2011 Re. Interlocutory Application No. 8288 of 2011. The delay of 13 days occurred in filing the Letters Patent Appeal is condoned. Interlocutory Application stands disposed of. Re. Letter Patent Appeal No. 1843 of 2011. Feeling aggrieved by the common judgment and order dated 21st July 2011 passed by the learned single Judge, the writ petitioner in CWJC No. 14564 of 2007 has preferred this Appeal insofar as the said CWJC No. 14564 of 2007 is dismissed. The writ petitioner has been relegated to the alternative statutory remedy under Rule 18 of the Bihar Elementary Teachers (Employment and Service Conditions) Rules, 2006. Learned Advocate Mr. Baidya Nath Thakur has appeared for the appellant. He has submitted that the appellant had already availed of the statutory remedy to make complaint before the Block Development Officer in accordance with the then existing Rules. Although since it is amended in 2008, a statutory forum has been created for redressal of the grievances in respect of employment of Panchayat Shikshak. Although Mr. Thakur has strenuously urged that the appellant had already availed of the alternative remedy, the claim is neither supported by the pleadings nor by the materials produced on record. We are of the opinion that the learned single Judge has rightly directed the appellant to avail of the remedy before the appellate authority constituted under Rule 18 of the aforesaid Rules of 2006. Patna High Court LPA No.1843 of 2011 (2) dt.05-12-2011 3 / 3 3 No case for interference is made out. Appeal is dismissed in limine. Dilip. (R.M. Doshit, CJ) (Birendra Prasad Verma, J)