IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9296 of 2007 1. Bhawesh Kumar, S/o Shiv Prasad Yadav, R/o Village Asauta, P.O. Bharatshila, P.S. Shambhuganj, Dist. Banka. 2. Ravindra Kumar Panjiyar, S/o Sri Jai Prakash Panjiyara, R/o Village Nijhari, P.O. Bharat Shila, P.S. Shambhuganj, Dist. Banka. ------- Petitioners Versus 1. The State of Bihar. 2. The Secretary, Human Resources Department, Govt. of Bihar, Patna. 3. The Director, Primary Education, Govt. of Bihar, Patna. 4. The District Magistrate, Banka. 5. The Deputy Development Commissioner, Banka. 6. The District Panchayati Raj Officer, Banka. 7. The District Superintendent of Education, Banka. 8. The Block Development Officer, Shambhuganj, Banka. 9. The Block Development Officer, Belhar, Banka. 10. The Panchayat Shewak Gram Panchayat Bharatshila Block Shambhuganj, Dist. Banka. 11. The Mukhia Gram Panchayat Bharatshila, Block Shambhuganj, Dist. Banka. 12. Sanjay Kumar Suman, S/o Sri Sadhu Saran Yadav, R/o Village Pipra, P.O. Narhaun, P.S. Shambhuganj, Dist. Banka, posted on Primary School-Kanineora. 13. Smt. Renu Kumari, H/o Sri Rakesh Kumar Yadav, R/o Vill. Chhoti Bharatshila, P.O. Bharatshila, P.S. Shambhuganj, Dist. Banka. Posted on Primary school Chhoti Bharatshila. 14. Smt. Mala Devi, H/o Sri Jai Prakash Sah, R/o Vill. Pipra, P.O. Narhaun, P.S. Shambhuganj, Dist. Banka, posted on Primary School, Pipra. 15. Ajay Paswan, S/o Chhatish Paswan, R/o Village Khagara, P.O. Narain, P.S. Shambhuganj, Dist. Banka, posted on Primary School, Nijhri. 16. Ranjan Kumar Rai, S/o Sri Ashok Rai, r/o Vill. Pipra, P.O. Narain, P.S. Shambhuganj, Dist. Banka. posted on Primary School Ashauta (Nagal). 17. Nilesh Kumar, S/o Ravindra Kumar Yadav, R/o Village Chhoti Bharatshila, P.O. Bhartshila, P.S. Shambhuganj, Dist. Banka. Posted on Primary School, Yogia. --------- Respondents --------------- 5 20.12.2011 Having heard learned counsel for the parties and taking into account that the grievance of the petitioners as against the appointment of respondent no.12 to 17 either 2 on the post of Shiksha Mitra or on the post of Panchayat Shikshak is capable of being examined and decided by the District Teachers Appellate Authority, this Court would accord leave to the petitioners to withdraw this application in order to enable them to file their separate and individual complaint before the District Teachers Appellate Authority Banka within a period of three month from date of receipt/production of a copy of this order. It is made clear that if the petitioners would file their complaints as against the appointment of private respondent no. 12 to 17 in the aforementioned period, the Authority shall decide the same on merit without non-suiting them on account of delay/limitation, if any, but only after affording an opportunity of hearing to the petitioners as also to the private respondent nos. 12 to 17. The Authority will deciding the complaint of the petitioners must also keep in mind that the same issue had been raised by the petitioner well in time by filing their two writ applications, CWJC No. 10949 of 2005 disposed of on 1.8.2006 and the 3 present writ application filed on 27.7.2007 and as such, even if the appointment of the petitioners from their earlier panel of Shiksha Mitra against on the post of Panchayat Shikshak is not permissible in law, they will still have a right to question the alleged illegal appointment of the respondent no. 12 to 17 on the post of panchayat Shiksha Mitra and their absorption on the post of Panchayat Shishak. With the aforementioned observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)