IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10155 of 2009 MD.MAHTAB ALAM S/o Md. Alimuddin Ansari resident of Village panr P.O.Chakbahauddin P.S.Dalsingsarai Dist.Samastipur. Versus 1.THE STATE OF BIHAR through its Chief Secretary, Old Secretariat, Patna. 2.The Principal Secretary, Human Resources Development Department,New Secretariat, Patna. 3.The District Magistrate,Samastipur. 4.The District Education Officer,Samastipur. 5.The District Superintendent of Education,Samastipur. 6.The B.D.O.Dalsingsarai,Samastipur. 7.The Block Education Officer,Dalsingsarai,Samastipur. 8.The Mukhiya, Gram Panchayat Raj Panr, P.O.Chakabahauddin P.S.Dalsingsarai Dist.Samastipur. 9.The Panchayat Secretary, Gram panchayat Raj, Panr, P.O.Chakabahauddin P.S.Dalsingsarai Dist.Samastipur. 10.d.Shah Jahan S/o Md. Gayasuddin Ansari, Assistant Teacher, Prarambhik Makhtab Dokotol Panchayat Raj Panr, Dalsingsarai,Samastipur. Resident of Village Panr P.S.Chakbahauddin P.S.Dalsingsarai Dist.Samastipur. ----------- 2 9.9.2009. Petitioner is aggrieved on account of appointment of respondent no.10 as Assistant Teacher in Primary School Dakotol in Panchayat Raj, Panr, Dalsingsarai, Samastipur. Petitioner’s case is that the post was reserved for Urdu Teacher under OBC category and it should have been filled by a person who possessed Maulvi certificate, issued by Madarsa Board. So far respondent no.10 is concerned, he is not eligible for his appointment against this post as he did not possess certificate of Maulvi issued by Madarsa Board. Considering the fact that in cases relating to termination and appointment, any one who has any objection, have got statutory remedy available by filing an appeal before the District Appellate Tribunal and the petitioner has not exhausted that remedy. This application is being disposed of giving liberty 2 to the petitioner to approach the appellate tribunal and file his appeal for redressal of his grievances. In case, such an appeal is filed, the District Panchayat Appellate Tribunal will decide it in accordance with law within the statutory period. Sss/- (Mridula Mishra, J)