IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5346 of 2007 1. SUNITA KUMARI, W/o Shri Atul Kumar, resident of village Katahan, P.O. Katahan, P.S. Mehasi, District East Champaran 2. Shweta Rani, D/o Shri Umesh Prasad, resident of village Katahan, P.O. Katahan, P.S. Mehasi, District East Champaran 3. Ram Naresh Sharma, son of Shri Laxman Thakur, resident of village Katahan, P.O. Katahan, P.S. Mehasi, District East Champaran 4. Gayatri Kumari, D/o Shri Kishore Prasad, resident of village Katahan, P.O. Katahan, P.S. Mehasi, District East Champaran ... Petitioners Versus 1. THE STATE OF BIHAR 2. The Commissioner cum Secretary, Human Resources Department, Govt. of Bihar, Patna 3. The District Magistrate, East Champaran, Motihari 4. The District Superintendent of Education, East Champaran, Motihari 5. The Block Development Officer, Mehasi, East Champaran 6. Shri Badri Pandit, Panchayat Sevak of Panchayat Raj Bhimalpur, P.S. Mehasi, P.O. Katahan, District East Champaran 7. Madan Sah, Mukhia, Panchayat Raj Bhimalpur, P.S. Mehasi, P.O. Motihari, District East Champaran 8. Dinesh Paswan, son of not known to this petitioners, member of Panchayat Samiti Chaklalu, P.S. Mehasi, P.O. Katahan, District East Champaran 9. Satish Kumar Sarma, son of not known to this petitioners, member of the Selection Committee of Teachers, P.S. Mehasi, District East Champaran 10. Krishna Kumar Jha, Teacher of Tirhut High School, P.S. Mehasi, East Champaran ... Respondents ----------- 2. 27.10.2010 Having heard counsel for the petitioners and the counsel for the State as also taking into account the following relief prayed in this writ application: “I. To issue a writ in the nature 2 of mandamus commanding the respondents no. 2 to 4 to cancel entire selection process of Assistant Teachers of Panchayat Raj Bhimalpur as the entire selection process were made on extraneous consideration of respondents no. 6 to 9 with the active help and connivance of respondent no.5. II. To issue a writ in the nature of mandamus commanding the respondents no. 3 and 4, to cancel entire selection process of Assistant Teachers in Panchayat Raj Bhimalpur as the respondents no. 6 to 9, ignoring and discarding the rightful claim of the petitioners and selected the persons who obtained admittedly lesser marks in comparison to the petitioners, but even then, merely on extraneous consideration, selected most incompetent teachers. III. To ask an explanation cum show cause from the respondents no. 2 and 3 asking therein that, despite of report of mass illegalities and irregularities, as reported by the respondent no.10, why appropriate action was not taken against the erring officials i.e. respondent no.6 to 9. IV. To issue a writ in the nature of mandamus to select the petitioners and cancel the entire 3 selection process and further issue a writ in the nature of mandamus commanding the respondents no. 3 and 4 to institute criminal case against the respodents no.6 to 9 as they misused the power conferred upon the selection committee.” this Court is of the considered opinion that as the issue relates to appointment on the post of Panchayat Shikshak, the petitioners must exhaust the statutory alternative remedy of moving the District Teachers Appellate Authority. It is made clear that if the petitioners even now would move the said authority assailing the appointment of respondents no. 6 to 10, the said authority will decide the same in accordance with law after affording opportunity of hearing to the petitioners as also respondents no. 6 to 10. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/