IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5207 of 2008 Mukesh Kumar, Son of Ramadhar Singh, Village Heman Bigha, P.O. Dihra, P.S. Obra, District Aurangabad…………………………………………………………….Petitioner Versus 1. The State Of Bihar through the Commissioner-cum-Secretary, Department of Primary, Secondary and Adult Education, Govt. of Bihar, Old Secretariate, Patna. 2. The District Magistrate, Aurangabad, District Aurangabad. 3. The District Superintendent of Education, Aurangabad, District Aurangabad. 4. The Block Development Officer, Navinagar, District Aurangabad. 5. The Head Mistress, Newly Established Dhiri Bigha Primary School, Panchayat Sonaura Block Navinagar, District Aurangabad. 6. The Mukhia, Sonaura Panchayat, Block Navinagar, District Aurangabad. 7. The Panchayat Secretary, Sonaura Panchayat, Navinagar, Aurangabad. 8. Sobha Kumari, W/o Santosh Prasad, Village + P.O. Ckharan, P.S. Mali District Aurangabad, posted as Dihri Bigha. 9. Sri Kant Kumar S/O Ramanuj Singh, Village + P.O. Hichan Bigha, P.S. Daudnagar, Aurangabad, posted at P.S. Khambha…………………………………………………………….…..Respondents ----------- 3 21.07.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. Petitioner is aggrieved by the order of the Block Development Officer dated 26.10.2007, as contained in Annexure-5, by which his appointment as Shiksha Mitra has been cancelled with immediate effect. Learned counsel for the petitioner submits that Block Development Officer has 2 passed the order cancelling appointment of the petitioner by shifting one candidate of general category to backward class category thereby finding the vacancy, against which petitioner was earlier appointed, as filled up. He submits that a candidate, who was appointed in general category on his own merit, should have been treated in general category, facilitating continuance of the petitioner in B.C. category. He submits that appointment has to be made in accordance with Rules which provide that after competitive examination and on account of comparative merit, if a reserved category candidate comes within the consideration zone against general vacancy, he shall be appointed as such notwithstanding the fact that he is a reserved category candidate. However, now that a statutory Appellate Authority has been constituted under the Bihar Panchayat Prarambhik Shikshak (Niyojan Avam Seva Sart) Niyamvali, 2006 (as amended by Amendment Act, 2008), it would be appropriate for the petitioner to approach the Appellate 3 Authority in accordance with law. In the circumstances, without going into the merits in the submissions of learned counsel for the petitioner, this writ application is disposed of with liberty to the petitioner to approach the Appellate Authority within four weeks from today. If he does so, the Appellate Authority shall call for the original records, if necessary, issue notice to the concerned parties, give them an opportunity to be heard in the matter and shall decide the matter preferably within 60 days from the date of receipt/production of a copy of this order. BT (J. N. Singh, J.)