IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15478 of 2007 1. ASHA DWIVEDI, WIFE OF SRI ARVIND DUBEY, RESIDENT OF VILLAGE-SARYA PAHAR, P.O. BARHIMA, P.S. SIDHWALIA, DISTRICT-GOPALGANJ. 2. MEERA KUMARI, DAUGHTER OF SHRI RAMCHANDRA PRASAD, RESIDENT OF VILLAGE-SARYA PAHAR, P.O. BARHIMA, P.S. SIDHWALIA, DISTRICT-GOPALGANJ. …………………………………………………….PETITIONERS. Versus 1. THE STATE OF BIHAR. 2. THE SECRETARY, PRIMARY & ADULT EDUCATION DEPARTMENT BIHAR, PATNA. 3. THE DISTRICT MAGISTRATE, GOPALGANJ. 4. THE DISTRICT EDUCATION OFFICER, GOPALGANJ. 5. THE S.D.O. GOPALGANJ, DISTRICT-GOPALGANJ. 6. THE DISTRICT SUPERINTENDENT OF EDUCATION, GOPALGANJ. 7. THE BLOCK DEVELOPMENT OFFICER, BARAULI, DISTRICT-GOPALGANJ. 8. THE BLOCK EDUCATION EXTENSION OFFICER, BARAULI, DISTRICT-GOPALGANJ. 9. THE MUKHIA GRAM PANCHAYAT RAJ, SADAUWA, DISTRICT-GOPALGANJ. 10. THE SECRETARY, GRAM PANCHAYAT RAJ SADAUWA, DISTRICT-GOPALGANJ. …………………………………………………RESPONDENTS. ----------- For the Petitioners : M/s. Manan Kumar Mishra, Senior Advocate and A.K. Pandey, Advocate. For the State : Mr. Shubhankar Sharma, AC to GP-XI. ----------- 2. 9.3.2011. It is submitted on behalf of the petitioners that the Panchayat Secretary has cancelled the appointment of the petitioners as Panchayat Teacher. It has been submitted on 2 behalf of the petitioners that the Panel/Selection Committee, which was the appointing authority, has not taken a decision rather the Panchayat Secretary himself has taken a decision. Thus, it is contended that the order cannot be said to have passed by the appointing authority. However, it is fairly submitted that after constitution of the appellate authority under Rule 18 of the Bihar Panchayat Parambhik Shikshak (Niyojan Avam Seva Sart) Niyamawali, 2006 (as amended by Amendment Rules, 2008), now alternative is available to the petitioners as the order impugned is not an order passed under Rule 18 of the earlier Rule, 2006. Thus, learned counsel for the petitioners seeks permission to withdraw this writ application to file an appeal before the appellate authority. No objection is raised on behalf of the State. Permission is accorded. This writ application is dismissed as withdrawn with the aforesaid liberty granted to the petitioners. If such appeal is filed by the petitioners before the appellate authority within a period of eight weeks from today, the same shall be considered and disposed of in accordance with law within the 3 time prescribed under the Rules. It is made clear that this Court has not formed any opinion with regard to the merit of the case of the petitioners. P.S. ( Dr. Ravi Ranjan, J)