IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15820 of 2006 BRAJESH KUMAR son of Sri Berendra Sharma @ Birendra Singh, resident of village Chainpura, P.O. Shakurabad, P.S. Parasbigha, Panchayat Gonwa, Block Jehanabad, District Jehanabad, … Petitioner Versus 1. THE STATE OF BIHAR, 2. The Director, Primary, Adult Education, Government of Bihar, Patna, 3. The District Magistrate, Jehanabad, 4. The District Superintendent of Education, Jehanabad, District Jehanabad, 5. The Block Education Extension Officer, Jehanabad Block, District Jehanabad, 6. The Block Development Officer, Jehanabad Block, District Jehanabad, 7. The Gram Panchayat Gonwa, Gram Panchayat, through Secretary-cum-Panchayat Sewak, Jehanabad Block, P.S. Paras Bigha, District Jehanabad, 8. The Mukhiya of Panchayat Gonwa, Jehanabad Block, P.S. Parasbigaha, District Jehanabad, 9. The Head Master, Rajkiya Primarym School, Bakarota, Jehanabad Block, District Jehanabad, … Respondents For the Petitioner: Mr. Rajendra Pd. Singh, Sr. Advocate Mr. Rajeev Kumar Singh, Advocate For the State: Mr. Gyan Prakash Ojha, AC to GA 7 ----------- 05 17.03.2011 Heard learned counsel for the petitioner and the State. Petitioner claims that due to illness he could not join on the post of Shiksha Mitra by the time within which he was expected to join after his appointment, however, subsequently, he tried to submit his joining but the same was not accepted. 2 It is submitted by learned counsel for the petitioner that on the basis of the appointment of the petitioner as Shiksha Mitra having been made in the month of May 20065 for eleven months, he could have continued till coming of the Bihar Panchayat Prarambhik Shikshak (Niyojan Avam Seva Shart) Niyamavali, 2006 in force with effect from 01.07.2006 and as per Rule 20 of the aforesaid Rules, all the Shiksha Mitras who were working previously were to be treated to be as Panchayat Teachers under the aforesaid Rules. However, after some argument, learned counsel for the petitioner seeks permission to withdraw this application to move before the Appellate Authority constituted under Rule 18 of the Bihar Panchayat Prarambhik Shikshak (Niyojan Avam Seva Shart) Niyamavali, 2006 (as amended by Amendment Rules 2008) (hereinafter to be referred to as “the Rules”) as the same is functional. Learned counsel for the State is unable to show that any specific final order has been passed in regard to the case of the petitioner by the competent authority. He also admits that the Appellate Authority has already been 3 constituted, therefore, he does not raise any objection to the petitioner’s prayer for liberty to move before the Appellate Authority. As a result, this writ application is dismissed as withdrawn with a liberty to the petitioner to move before the Appellate Authority. If the petitioner makes an application within eight weeks then the concerned Appellate Authority shall decide the issue within the time frame prescribed under the Rules. However, it is made clear that this Court has not formed any opinion on merit of the cases of the parties. SC (Dr. Ravi Ranjan, J.)