IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.619 of 2010 Suchit Kumar Jha son of Gopal Jha, resident of Village Damodarpur, P.S. Benipatti, District Madhubani ………..Appellant Versus 1. The State of Bihar through Principal Secretary, Human Resource Development Department, Government of Bihar, Patna 2. District Magistrate, Madhubani 3. District Superintendent of Education, Madhubani 4. Block Development Officer, Benipatti, Madhubani 5. Block Education Extension Officer, Benipatti, Madhubani 6. Mukhiya, Gram Panchayat Bankatta, Benipatti, Madhubani 7. Kamlesh Kumar Jha son of Devendra Jha, resident of Village-Aahpur, P.O. Damodarpur, P.S. Benipatti, District Madhubani ………Respondents For the Appellant : Mr. Amit Srivastava, Advocate Mr. H.K. Karan, Advocate 2 25.3.2011 The appellant is aggrieved by the order dated 7.1.2010, passed in C.W.J.C.No.13345 of 2009, whereby the claim of the appellant for appointment on the post of Panchayat Shikcha Mitra/Panchayat Teacher has been rejected. The relevant facts of the case are that both the appellant and Respondent no.7 namely Kamlesh Kumar Jha applied for the post of Panchayat Shikcha Mitra in the year 2005, under Bankatta Panchayat in Benipatti Block of Madhubani district. Both of them have got equal marks on the basis of their papers and interview. Respondent no.7 was selected for the post. 2 KHAN Learned counsel for the appellant submits that as per guidelines for selection of Panchayat Teacher, one who is elder in age would be given preference in selection in case marks secured are equal. However, overlooking the aforesaid guidelines the respondent no.7 has been selected. The appellant challenged the selection of respondent no.7 in a writ proceeding bearing C.W.J.C.No.13345 of 2009 which was dismissed 7.1.2010. It would appear from the materials on record that the appellant has also filed a representation against his non-selection before the District Magistrate, Madhubani which is still pending consideration. In view of aforesaid fact, we dispose of this appeal with liberty to the appellant to pursue his remedy before the District Magistrate, Madhubani who would dispose of the same within four months from the date of receipt/production of a copy of this order after affording an opportunity of hearing to interested parties. (S.K. Katriar,J) (S.P.Singh,J) 3