IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15039 of 2007 1. Md.Salim, son of Md. Rafiq, resident of village Hardiyabad, P.O. Damodarpur, P.S. Pipra, District East Champaran 2. Dinanath Prasad, son of Sri Kamala Prasad, resident of village Lakhaura, P.S. Lakhaura, District East Champaran … Petitioners Versus 1. The State Of Bihar through the Chief Secretary, Govt. of Bihar, Patna 2. Secretary, Human Resource Development, Bihar, Patna 3. Director, Madhyamik Siksha, Bihar, Patna 4. Commissioner, Tirhut Division, Muzaffarpur 5. Collector, East Champaran, Motihari 6. R.D.D.E., Tirhut Pramandal, Muzaffarpur 7. District Education Officer, East Champaran, Motihari 8. Zila Parishad, Madhyamik Sikshak Selection Committee, East Champaran, through its Secretary cum D.E.O., East Champaran, Motihari 9. D.D.C., East Champaran, Motihari 10. S.D.O., Sadar, Motihari, East Champaran 11. Jai Chandra Prasad Srivastava, son of not known, presently D.E.O. East Champaran through Collector, East Champaran, Motihari … Respondents -------------------------------- 3. 28.11.2011 No one appears for the petitioner. Counsel for the State is present. Considering the fact that the grievance of the petitioners, as raised in this writ application, is capable of being examined and decided by the District Teachers Appellate Authority constituted under Bihar Zila Parishad Madhyamik Awam Uchchatar Madhyamik Shikshak (Niyojan Awam Sewa Sarta) Adhiniyam, 2006 this Court on account of non-impleadment of necessary parties would hold this writ application both not maintainable as also misconceived. Normally having held so this Court could have also dismissed the writ application on merits especially when a counter affidavit explaining the selection of others have been not 2 controverted by the counsel for the petitioners despite service of such a counter affidavit on 21.7.2009. This Court, however, in absence of counsel for the petitioners would dispose of this writ application by recording liberty to the petitioners to raise the question regarding their selection and appointment before the competent District Teachers Appellate Authority which if moved by the petitioners within a period of one month from today would examine the question on merit and decide the issue after affording opportunity of hearing to the petitioners as also any other persons likely to be adversely affected. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/