IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8430 of 2008 Krishna Nand Prasad, son of Rasbihari Prasad, Resident of village Paharpur, P.S. Mednichauki, District Lakhisarai………………………………………..Petitioner Versus 1. The State Of Bihar through Commissioner- cum-Secretary, Human Resources Development Department, Government of Bihar, Patna 2. The Deputy Director, Higher Education Department, Government of Bihar, Patna. 3. The District Magistrate, Lakhisarai. 4. The District Superintendent of Education, Lakhisarai. 5. The District Education Officer, Lakhisarai. 6. The Sub-Divisional Officer, Lakhisarai 7. The Block Development Officer, Chanan Block, Lakhisarai. 8. The Block Education Extension Officer, Chanan Block, Lakhisarai. 9. The Mukhiya-cum-Chairman, Panchayat Shiksha Samiti Khutukbar, Panchayat Chanan, Lakhisarai 10. the Panchayat Secretary, Panchayat Chanan Lakhisarai…………………………………………..Respondents ----------- For the Petitioner: M/s Ashok Kumar Chaudhary & Murlidhar, Advocates. For the State: Mr. Ashok Kr. Gupta, A.C. to S.C. No.5. 2 28.09.2010 Although this writ application was listed under the heading ‘For orders on petition’, with consent of the parties, the same is being disposed of. Heard learned counsel for the petitioner as well as learned counsel for the State. A post of teacher in a High School was advertised by the Nagar Parishad, 2 Lakhisarai. Many candidates, including the petitioner applied. However, it is contended that other candidates did not appear in the interview and petitioner was the sole candidate, who presented himself in the interview. Therefore, he was offered appointment letter. Accordingly, he resigned from the post of Block Teacher in the Upgraded Middle School in the district, in which was already employed, and he joined in the school. Later on, respondents found that the petitioner did not have the minimum qualification and, therefore, he could not be empanelled and appointed on the post. In the circumstances, his appointment has been cancelled. The contention of the learned counsel for the petitioner is that since he was offered appointment letter by the Nagar Parishad in the High School, he tendered his resignation from the post of the Block Teacher of the Middle school. Now that appointment of the petitioner has been cancelled by the Nagar Parishad, he is on road. Learned counsel for the 3 petitioner submits that resignation of the petitioner from the Middle School has not been accepted as yet. Therefore, liberty may be granted to him to withdraw his resignation and join back his post in the middle school. There is nothing in the counter affidavit to show that resignation of the petitioner has been finally accepted. In the circumstances, it is open to the petitioner to approach the competent authority to withdraw his resignation and join back in the middle school in which he was substantially appointed. If the petitioner approaches the competent authority within two weeks from today and submits a formal application for withdrawal of his resignation, the concerned authority will ascertain whether final orders have been passed on the resignation or not accepting the same. If it has not been accepted and the resignation is still pending, the authority will consider permitting the petitioner to withdraw his resignation so that he may join back in the said Middle 4 School in which he was working earlier. The writ application is disposed of with the aforesaid observations and directions. BT (J. N. Singh, J.)