IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10744 of 2004 1. Ravi Shankar Prasad Singh S/o Sri Harendra Prasad Singh „Bidyarthi, Resident of village & Panchayat & P.O.- Naraon, P.S.-Awtar Nagar, Block- Garkha, District- Saran at Chapra, 2. Rajesh Ranjan Singh S/o Sri Kameshwar Singh, Resident of village & Panchayat & P.O.- Kothiyan, P.S.-Awtar Nagar, Block- Garkha, District- Saran at Chapra. ….Petitioners Versus 1. The State Of Bihar, 2. Secretary, Primary Education, Bihar, Patna, 3. District Magistrate, Saran at Chapra, 4. District Superintendent of Education, Saran at Chapra, 5. Block Development Officer, Garkha, P.S. Garkha, Saran, 6. Panchayat Secretary, Rajeshwar Singh, Naraon Panchayat, P.O.- Naraon, P.S. Awatarnagar, Saran, 7. Panchayat Secretary, Ram Kumar Singh, Kothiya Panchayat, P.S. Awatarnagar, Saran 8. Mukhiya Ram Pujan Singh, Naraon Panchayat, P.S. Awatarnagar, Saran at Chapra. 9. Mukhiya Suresh Singh, Kothiya Panchayat, P.S. Awatarnagar, Saran at Chapra. 10. Aftab Alam S/o Md. Rauf Ansari, Resident of village & Panchayat & P.O.-Naraon, P.S.- Awatar Nagar, Block- Garkha, District- Saran at Chapra. 11. Satyendra Kumar Yadav S/o Dhaneshwar Prasad Rai, Resident of village-Gopur, P.O. & P.S.- Garkha, District- Saran at Chapra …….Respondents ----------- 3/ 15.04.2009 This matter has been listed under the heading “For Orders” on a motion slip filed that the petitioners desire to withdraw the writ petition to avail the alternative statutory remedy before the appellate authority constituted under the Bihar Primary Teachers [Appointment and Service Conditions] Rules, 2006, as amended in 2008 and notified on 25.8.2008. This application is, therefore, disposed with liberty to the petitioners to move before the appellate authority. Any such application by the petitioners are required to be disposed of by the appellate authority after independent application of mind by reasoned and speaking order. - 2 - It is made clear that this court has not gone into the merits of the matter. The appellate authority in no event or circumstance shall be prejudiced in any manner by the withdrawal of the writ application from this court to pursue the matter before the alternative statutory authority and the withdrawal of the application shall not be a matter to be taken into consideration at all by the appellate authority. The appellate authority shall be required to adhere to the time period mentioned in paragraph 2 of the notification dated 25.8.2008 to be reckoned from the date when the petitioners prefer application before the appellate authority. The writ application stands disposed in the aforesaid manner. JA/- (Navin Sinha, J.)