IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11173 of 2009 MD.HISAMUDDIN @ MD.HISAMUDDIN Versus THE STATE OF BIHAR & ORS ----------- 2 28.10.2009 Heard Counsel for the petitioner and the Counsel appearing for the State. Petitioner’s grievance is that ignoring his suitability for appointment on the post of Panchayat Teacher in Primary School, Gram Panchayat Nouan in the district of Kaimur, the authorities of the concerned Gram Panchayat has illegally appointed respondent no.9 considering his matriculation certificate where the date of birth of respondent no.9 has wrongly been mentioned as 21.12.1987 in place of 21.6.1976. Since the question for consideration relates to the appointment of the petitioner and for that there is statutory remedy available by way of filing an appeal before the District Teachers Employment Appellate Tribunal, Kaimur and that has not been exhausted by the petitioner. This application is being disposed of giving liberty to the petitioner for filing an appeal before the Appellate Tribunal. In case of filing such an appeal by the petitioner, it should be considered and decided on merit by the Appellate Forum giving proper notice to all concerned. The appeal must be decided within the statutory period. (Mridula Mishra,J.) A.Kumar