IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6254 of 2008 Vidyapati Rai, Son of Giriwar Rai, resident of Village Mishrawaliya Magayidih, Gosala, Post Magayidih, P.S. Chapra Mufassil, District Saran, Chapra……………………….Petitioner Versus 1. The State Of Bihar, through the Secretary, Department of Human Resources Development, Government of Bihar, Patna. 2. The Secretary, Department of Human Resources Development, Government of Bihar. 3. The Director, Secondary Education, Government of Bihar, Patna. 4. The District Magistrate, Saran, Chapra. 5. The Regional Deputy Director of Education, Saran, Chapra. 6. The District Education Officer, Saran, Chapra. 7. The Chairman, Zila Parishad, Saran. 8. The Deputy Development Commissioner, Saran, Chapra. 9. The Zila Parishad Shiksha Samiti, Saran, Chapra. 10. The Chief Executive Officer, Zila Parishad, Saran. 11. Poonam Kumari, Daughter of Mr. Subh Nath Singh, Physics Teacher, High School Paraon Gadh, Saran, At Village Arvind Nagar, Dariyapur Block, Chapra, Saran………Respondents ----------- 3 28.07.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. Petitioner is aggrieved by appointment of respondent no.11 as Zila Parishad Teacher ignoring his preferential right. Petitioner has an alternative remedy before the statutory Appellate Authority constituted under the Bihar Panchayat 2 Prarambhik Shikshak (Niyojan Avam Seva Sart) Niyamvali, 2006 (as amended by Amendment Act, 2008). In the circumstances, the writ application is disposed of with liberty to the petitioner to approach the appropriate Appellate Authority in accordance with law within four weeks from today. If he does so, the Appellate authority shall call for the original records, if necessary, issue notice to the concerned parties giving them opportunity to be heard and shall decide the matter in accordance with law on merits, without going into the question of limitation, positively within three months from the date of filing of appeal / representation by the petitioner. BT (J. N. Singh, J.)