IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6168 of 2007 Mahezabin Khanam, Daughter of Sammer Ahmad Khan, Resident of Mohalla Purani Munsafi, P.O. Lalbagh, P.S. Biraul, District Darbhanga. ------ Petitioner Versus 1. The State of Bihar through the Commissioner-cum-Secretary, Department of Human Resources Development, Bihar, Patna. 2. The District Magistrate, Darbhanga. 3. The District Superintendent of Education, Darbhanga. 4. The Block Education Extension Officer, Biraul, District Darbhanga. 5. The Block Development Officer, Biraul, District Darbhanga. 6. Mukhiya, Gram Panchayat Raj Ramnagar, Block-Biraul, District Darbhanga. 7. Panchayat Secretary, Gram Panchayat Raj Ramnagar, Block Biraul, District Darbhanga. ------ Respondents ----------- 2 28.10.2010 Having heard learned counsel for the petitioner and counsel for the State as also taking into account that the solitary prayer of the petitioner in this writ application, reading as follows:- “1(i) Issuance of an appropriate writ or writs in the nature of mandamus commanding the respondents to appoint the petitioner on the post of Panchayat teacher in the unreserved category as she has 63.77% marks when the Respondents have appointed persons having a lesser marks than the petitioner wrongly but the Respondents Mukhiya due to some other consideration did not appoint the petitioner. (ii) Issuance of writ or writ in the 2 nature of mandamus commanding the respondents to allow the petitioner to participate in counseling if the same has already been held than by calling a special counseling and after scrutiny pass necessary order.” in the first instance, is capable of being looked into and decided by the statutory District Teachers Appellate Authority and since the petitioner has not moved the said authority, this Court would give liberty to the petitioner to approach the said authority. It is, however, made clear that if the petitioner would file his complaint before the said appellate authority within a period of one month from today, the same shall be disposed of by him on merit without going into the question of delay. With the aforementioned observations and liberty, this application is disposed of. Rsh (Mihir Kumar Jha, J.)