IN THE HIGH COURT OF JUDICATURE AT PATNA C.W.J.C. No.17505 of 2008 Alok Kumar Jha, S/O Shri Jai Narayan Jha, Resident of village Ghorbanki, P.S. Basopatti, District Madhubani .. Petitioner Versus 1. The State of Bihar 2. The District Magistrate, Madhubani 3. The Sub Divisional Officer, Jainagar, district Madhubani 4. The Block Development Officer, Basopatti, Madhubani 5. The District Superintendent of Education, Madhubani 6. The Mukhiya, Gram Panchayat Raj, Ghorbanki, P.S. Basopatti, Madhubani 7. The Panchayat Secretary, Ghorbanki, P.S. Basopatti, Madhubani 8. Kamlesh Kumar, S/O Shri Nagendra Sharma, presently posted as Panchayat Teacher, Ghorbanki, P.S. Basopatti, Madhubani .. Respondents **** /2/ 07.07.2009 Heard the counsel for the petitioner and the State. 2. Petitioner has filed this application for a direction to the respondents to appoint him on the post of Panchayat Teacher under Gram Panchayat Raj Ghorbanki in the district of Madhubani. Petitioner’s case is that he fulfilled all the criteria for being selected as his name was at the top in the selection list. The Mukhiya and Panchayat Secretary without conducting any counseling simply made a paper transaction and appointed persons who were below in the select list. 2 3. Petitioner should have filed an appeal for non- consideration of his candidature by the respondent authorities as under Rule 18 of the Bihar Panchayat Elementary Teachers (Appointment and Service Condition) Rules, 2008, provision of appeal is there. 4. Since the statutory remedy available to the petitioner, which has not been exhausted, this matter is being disposed off giving liberty to the petitioner to file his appeal before the appellate tribunal within thirty days from today. In case appeal preferred within the time specified, question of limitation will not be raised by the appellate tribunal and it will be decided in accordance with law on merit. Cp:2/S.A. (Mridula Mishra, J.)