IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13167 of 2008 Jaynarayan Prasad, son of Kalika Prasad, Resident of village Ladhpur, Post Gurukul Mehiya, P.S. Garkha, District Saran…………………………………Petitioner Versus 1. The State Of Bihar. 2. The District Magistrate, Saran, Chapra. 3. The District Superintendent of Education, Saran, Chapra. 4. The Block Development Officer, Saran. 5. Mukhiya Gram Panchayat Raj Mahamda, P.O. Ladhpur, P.S. Garkha, District Saran (Chapra). 6. Panchayat Secretary, Gram Panchayat Raj Mahamda, P.O. Ladhpur, P.S. Garkha, District Saran (Chapra). 7. Ajay Kuamr, Son of Ram Junam Kumar, Resident of village Bhagwanpur, P.S. Bhagwanpur, District Siwan. 8. Kiran Kumari, wife of Kamshwar Ray, resident of Village Ladhpur, P.S. Garkha, District Saran. 9. Suresh Kuamr, Son of Binit Kumar, Resident of village Mahamda, P.O. Mahamda, P.S. Garkha, District Saran (Chapra)…………………………….Respondents ---------- 2 18.10.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. Petitioner is aggrieved by his non- selection for appointment as Shiksha Mitra in the process held in 2005. From Annexure-3 it appears that the petitioner had filed a complaint before the District Education Officer, Chapra on 02.06.2005. No action having been taken on the same, he filed another complaint before the Collector on 08.02.2007, a copy whereof is Annexure-3/A. Thus it appears 2 that petitioner had filed complaints before the authorities in time. Now under 2006 Rules a statutory Appellate Authority has been constituted to consider grievances of candidates in respect of appointment or otherwise as Panchayat Shikshak/Shiksha Mitra. In the circumstances, this writ application is disposed of with a direction to the District Superintendent of Education (now District Programme Officer), Saran, Chapra to ascertain from the records of his office whether petitioner had filed a complaint in his office on 02.06.2005 or not. If the complaint is available in his office, he is directed to transmit the same along with all the relevant records to the Appellate Authority within four weeks from the date of receipt/production of a copy of this order. On receipt of the said complaint of the petitioner, the Appellate Authority shall issue notice to the parties, giving them an opportunity to be heard, shall call for the original records, if necessary, and shall decide 3 the matter on merits in accordance with law positively within three months from the date of receipt of complaint from the office of the District Programme Officer. BT (J. N. Singh, J.)