IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.202 of 2009 Dahrmsheela Devi @ Kumari Versus The State Of Bihar & Ors ----------- 03. 29.06.2011 Initial prayer of the petitioner was for quashing the selection of one Santiga Kumarl on the post of Shiksha Mitra, as she has been selected on the post on the basis of forged and fabricated mark-sheet. It has also been prayed that direction be issued to the authorities to make enquiry in the appointment of Teachers at Akodhi Mela Gram Panchayat. Petitioner’s allegation is that in this Gram Panchayat all selection of Panchayat Teachers have been done on the basis of forged certificates. Petitioner had filed this Writ Application and simultaneously an appeal had also been preferred before the District Teacher Employment Appellate Tribunal, Kaimur. During the pendency of the Writ Application, the appeal preferred by the petitioner was dismissed by the Tribunal on the ground of pendency of the Writ Application. I. A. No. 4157 of 2011 has been field by the petitioner for amending the prayer. The additional amended prayer is for quashing of order dated 2 19.12.2009, passed by District Teacher Employment Appellate Tribunal, Kaimur at Bhabhua, rejecting the appeal on the ground of maintainability without deciding the merit of the case. Interlocutory Application is allowed. It is proper that the matter be remitted back to the Tribunal for deciding the appeal on merit as the statutory remedy available to the petitioner has not been properly exhausted. The order dated 19.12.2009, passed by the Appellate Tribunal is quashed. This matter is remitted back to the District Teacher Employment Appellate Tribunal, Kaimur at Bhabhua for deciding the appeal, preferred by the petitioner on merit. The appeal must be finally decided on merit within 12 weeks from the date of production / communication of this Order. Petitioner will have liberty to supplement his pleadings as some further information and development is there, connecting this matter. Accordingly, this application is disposed of. SKM (Mridula Mishra, J.)