IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7411 of 2008 Soni Kumari wife of Rakesh Ranjan Kumar, resident of Village Madhopur Koirgoa, P.O. Ganesh Sirsia, District East Champaran…………………………………………………….…….Petitioner Versus 1. The State Of Bihar. 2. The Secretary, Human Resources Development Department, Government of Bihar, Patna. 3. The District Magistrate, East Champaran, Motihari. 4. The Block Development Officer, Kalyanpur, East Champaran. 5. The Block Education Extension Officer- cum-Block Resource Centre Co-ordinator, Kalayanpur, East Champaran. 6. The Pramukh Panchayat Samiti, Kalyanpur, East Champaran. 7. The Mukhia, Gram Panchayat, Raj Bhuwan Chapra, East Champaran. 8. The Sachiv, Gram Panchayat, Raj Bhuwan Chapra, East Champaran……………………Respondents ---------------------------------- 2 08.08.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. Petitioner is aggrieved by non- consideration of her case for appointment on the post of Panchayat Teacher although she had higher marks. The grievance of the petitioner is that though she had applied for consideration of her case, her name was not included in the merit list. Hence, she filed complaint before the Block 2 Development Officer and the Block Education Extension Officer vide Annexures 1 and 2. The matter was enquired into and it was found that as she was eligible to be appointed in the unreserved female category she should have been recommended and appointed under the said category. A copy of the enquiry report is annexed as Annexure-4 with the writ application. Learned counsel for the petitioner submits that in spite of the same, respondents have not taken any decision and follow-up action for appointment of petitioner. After 2008 Amendment in the Rules, statutory Appellate Authority has been set up to consider the grievances of such candidate and all the Government officials have been divested off the powers to entertain any complaint or pass orders in matters of appointment or otherwise of the Panchayat Teachers. It has also been provided that all the pending matters shall be transferred to the statutory Appellate Authority for consideration and final decision. 3 Learned counsel for the petitioner submits that the matter of the petitioner is still pending and final orders have not been passed by the respondents In the circumstances, the writ application is disposed of with a direction to the Block Development Officer/concerned Authority to transmit all the records connected with the petitioner to the concerned statutory Appellate Authority within one month from the date of receipt/production of a copy of this order. On receipt of the records, the Appellate Authority shall issue notice to the concerned parties giving them opportunity to be heard, call for the original records, if necessary and shall decide the matter in accordance with law on merits, without going into the question of limitation preferably within three months from the date of receipt of records from the office of the B.D.O./concerned authority. BT (J. N. Singh, J.)