IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5960 of 2008 Kushum Lata Yadav, wife of Manoj Kumar Yadav, resident of Village + P.O. Belhar P.S. Belhar, District Banka…………………Petitioner Versus 1. The State Of Bihar 2. District Magistrate, Banka, District Banka. 3. Commissioner – cum - Secretary, Primary, Secondary and Adult Education, Bihar, Patna. 4. Director, Primary Education, Bihar, Patna. 5. District Superintendent of Education-cum- District Programme Convenor, Banka, District Banka. 6. Block Education Extension Officer, Belhar, District Banka. 7. Block Development Officer, Belhar, District Banka. 8. Mukhiya of the Gram Panchayat, Srinagar, Block Belhar, District Banka. 9. Secretary of Gram Panchayat-cum-Gramsevak Srinagar, Block Belhar, District Banka………………………………………………………..……..Respondents ----------- 2 25.07.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. Petitioner is aggrieved by an order of the Secretary of Gram Panchayat, Taraiya dated 28.02.2007, as contained in Annexure- 4, by which her appointment has been cancelled on the ground that her degree in respect of teachers training course obtained from Hindi Sahitya Sammelan, Prayag is not recognized by the Government. Learned counsel for the petitioner submits that petitioner has already filed 2 an appeal against the said order before the District Magistrate, which has not been considered. He points out that in this regard necessary pleading has been made in paragraph 12 of the writ application. Petitioner has an alternative remedy before the statutory Appellate Authority constituted under the Bihar Panchayat Prarambhik Shikshak (Niyojan Avam Seva Sart) Niyamvali, 2006 (as amended by Amendment Act, 2008). In the circumstances, the writ application is disposed of with a direction to the District Magistrate / concerned authority that if final orders have not been passed on the application of the petitioner, records of the same must be transmitted to the concerned Appellate Authority for consideration and disposal preferably within one month from the date of receipt of a copy of this order. On receipt of the records, the Appellate Authority shall issue notice to the concerned parties, give them an opportunity to be heard in the matter and shall decide the matter in accordance with law, without 3 going into the question of limitation, preferably within the time limit prescribed under the Rules for disposal of such application. BT (J. N. Singh, J.)