IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7568 of 2008 Jainendra Kumar Ram, son of Gajendra Ram, resident of village and P.O. Makhdampur, P.S. Puraini, District Madhepura….Petitioner Versus 1. The State Of Bihar. 2. The Commissioner – cum - Secretary, Department of Human Resources, Government of Bihar, Patna. 3. The District Magistrate, Madhepura. 4. The District Superintendent of Education, Madhepura. 5. The Block Development Officer, Puraini, District Madhepura. 6. The Block Education Extension Officer, Puraini, District Madhepura. 7. The Secretary, Gram Panchayat - Makhdampur, Block Puraini, District Madhepura. 8. The Mukhiya, Gram Panchayat Makhdampur, Block Puraini, District Madhepura. 9. Manoj Ram, son of Brahmdeo Ram, resident of village Ganeshpur, Block Puraini, P.S. Puraini, District Madhepura……..Respondents ---------------------------------- 3 08.08.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. Petitioner is aggrieved by appointment of respondent no.9 as Panchayat Teacher. Learned counsel for the petitioner submits that though petitioner had admittedly higher marks than respondent no.9, still his case was ignored and respondent no.9 was appointed. In this regard, petitioner had filed his complaint 2 which was considered by the authorities of the Government and records were called for from the Panchayat which Panchayat Secretary has not produced before the District Superintendent of Education till today. Learned counsel submits that, in the circumstances, no final orders have been passed by the District Superintendent of Education in the matter till now. After constitution of the statutory Appellate Authority in terms of 2008 Amendment in the Rules, it is the Appellate Authority which has to consider grievances in respect of employment or otherwise of Panchayat Teachers and to look into all pending matters in respect of Shiksha Mitra also. The Government officials have been divested off the powers to entertain any complaint or pass any order. In the circumstances, the writ application is disposed of with a direction to the District Superintendent of Education, Madhepura/concerned authority to transmit complaint of petitioner along with all connected records to the Appellate Authority positively within one month from 3 the date of receipt/production of a copy of this order. After records are received by the Appellate Authority, it shall issue notice to the concerned parties through the Panchayat itself giving them opportunity to be heard, call for the original records from the Panchayat concerned, and shall decide the matter in accordance with law within three months from the date of receipt of records from the District Superintendent of Education / concerned authority. BT (J. N. Singh, J.)