IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5779 of 2008 Md. Ataur Rahman, son of Sk. Sirajul Islam, resident of Village Lagua, P.S. Abadpur, District Katihar…………………………….……………Petitioner Versus 1. The State Of Bihar. 2. The Primary Secretary, Department of Rural Development, Govt. of Bihar, Old Secretariat, Patna. 3. The District Magistrate, Katihar. 4. The Deputy Development Commissioner, Katihar. 5. The District Superintendent of Education, Katihar. 6. The Block Development Officer, Barsoi, Katihar. 7. The Block Education Extension Officer, Barsoi (South) Katihar. 8. The Mukhiya Gram Panchayat Raj Harnanoi, P.S. Barsoi, (Katihar) 9. Head Master, New Primary School, Sohar, Katihar……………………………………………………………..Respondents ----------- For the Petitioner: Mr. N.A. Shamsi, Advocate For the State: Mr. Arshad Alam, S.C. 4 with Mr. Shahab Khalil, A.C. to S.C. 4 2 25.07.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. Petitioner has filed this writ application for a direction to the respondents to allow him to join in the New Primary School, Sohar as Panchayat Teacher, pursuant to the joining letter issued to him. It is being pointed out that subsequently, joining of the petitioner was accepted and the same has again been cancelled by the Block Education Officer, 2 Barsoi by order dated 13.04.2009 as contained in Annexure-15 with the supplementary affidavit. Petitioner has an alternative remedy against the action of the Block Education Officer before the statutory Appellate Authority constituted under the Bihar Panchayat 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 issue notice to the concerned parties, call for the original records, if necessary, give them an opportunity to be heard in the matter and shall decide the matter in accordance with law, without going into the question of limitation, preferably within the time limit prescribed under the Rules for consideration and disposal of such complaint. BT (J. N. Singh, J.)