IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8310 of 2009 RANVIR KUMAR SINGH, SON OF LATE RAM LAKHAN SINGH, RESIDENT OF VILLAGE-FARDA, SITA RAMPUR, POST OFFICE-FARDA, POLICE STATION-NAYA RAMNAGAR, DISTRICT-MUNGER ………… ………….. PETITIONER. Versus 1. THE STATE OF BIHAR through its Secretary, Human Resources Development Department, Bihar, Patna 2. The Director, Primary Education, Bihar, Patna. 3. The District Magistrate, Munger. 4. The Deputy Development Commissioner, Munger. 5. The District Superintendent of Education, Munger. 6. The Block Development Officer , Jamalpur, District-Minger. 7. Mukhiya, Gram Panchayat Raj Padhum under Jamalpur Block, District- Munger. 8. Secretary, Gram Panchayat Raj Padhum under Jamalpur Block, District- Munger. 9. Rajesh Kumar, son of Ram Balak Kumar, resident of village-Shiv Rampur Farda, Post Office- Farda, Police Station-Naya Rampur, District- Munger …………… ……………….. Respondents. ----------- 2. 20.07.2009 Heard learned counsel for the petitioner and the counsel appearing for the state. Petitioner has filed this application for quashing the orders contained in Annexures- 6 & 7 to the writ application. Annexure-6 is the order passed by District Superintendent of Education, Munger directing the Mukhiya and Panchayat Secretary to cancel the appointment of petitioner as Panchayat teacher on the ground that his appointment as Panchayat Shikcha Mitra itself was illegal and accordingly, absorption on the post of Panchayat Teacher is also not in accordance with rule. In compliance of the order passed by the District Superintendent of Education vide Annexure-7, Mukhiya , Gram Panchayat Raj, Pedhum, has issued the letter dated 2 02.04.2009 contained in letter No. 3 cancelling absorption of petitioner as Panchayat teacher presently as Prakhand teacher. Considering the fact that there is a provision for appeal under rule 18 of Bihar Panchayat Primary Teachers (Appointment and Service Condition) Rule, 2008 and even in cases where the matter relates to appointment on the post of Panchayat Shikcha Mitra, Rule 18, Provision of Appeal is applicable. The Principal Secretary , Human Resources Development Department, Bihar, Patna has issued a letter in this respect to all District Teachers Employment Appellate Authority to entertain such appeals vide Letter dated 14.05.2009 contained in Memo No. 681. Since the petitioner has not exhausted his statutory remedy of filing an appeal, this application is being disposed of giving liberty to the petitioner to file an appeal against the impugned order. Such appeal should be disposed of within the statutory period. akv/ ( Mridula Mishra, J )