IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4846 of 2008 Babita Kumari Sao, wife of Ajay Kumar, resident of village Paterhi Bhai Khan, P.O. Anirudh Belsar, P.S. Belsar OP, Block Patheri Belsar, District- Vaishali at Hajipur. …………… Petitioner Versus 1.The State Of Bihar 2.The District Magistrate, Vaishali at Hajipur 3.The Deputy Development Commissioner, Vaishali at Hajipur 4.The District Education Officer, Vaishali at Hajipur 5.The District Superintendent of Education, Vaishali at Hajipur 6.The Block Development Officer, Paterhi Belsar, District- Vaishali at Hajipur 7.The Block Education Extension Officer, Paterhi Belsar, District- Vaishali at Hajipur 8.The Mukhiya Gram Panchayat Sain, Block Paterhi Belsar, District- Vaishali at Hajipur 9.The Panchayat Secretary Gram Panchayat Sain, Block Paterhi Belsar, District- Vaishali at Hajipur 10.Vinita Sharma wife of Pramod Kumar, resident of village+P.O. Sain, Block Paterhi Belsar, District- Vaishali at Hajipur 11.Jyoti Kumari wife of Ram Shankar Prasad Singh, resident of village Krishna Nagar, P.O. Sain, Block Paterhi Belsar, District- Vaishali at Hajipur. ………….. Respondents ----------- 2. 11/07/2011 Petitioner is aggrieved by appointment of respondent no.11 as Panchayat Shiksha Mitra and prays for placing respondent no.10 in the general category. From Annexure-6, which is a typed copy of an application before the Collector, Vaishali dated 4.12.2005, it appears that the petitioner had filed some complaint before the Collector. Learned counsel for the petitioner submits that pursuant to the said 2 complaint of the petitioner, some enquiry was also held by the Block Development Officer and a report was submitted to the District Superintendent of Education through letter dated 30.10.2007, a copy whereof is Annexure- R/5 with the counter affidavit. However, he submits that the matter is still pending with the Collector, Vaishali and no final order has been passed. In the circumstances, this writ application is disposed of with a direction to the Collector, Vaishali to refer the matter of the petitioner to the concerned Appellate Authority constituted under the Rules for consideration of the matter, which shall issue notice to the parties, hear them and shall pass final orders in accordance with law preferably within the time frame fixed by the Rules for disposal of such matters. Petitioner will be at liberty to raise the claim for her appointment in case the Appellate Authority finds the appointment of respondent no.11 as illegal and cancels the same. Pradeep/ ( J. N. Singh,J.)