IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5196 of 2008 ANSHU SINGH, D/O PARSHURAM SINGH, R/O VILLAGE+P.O.-HUSEPURNAND, P.S.-BASANTPUR, DISTRICT-SIWAN. ……………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE DISTRICT MAGISTRATE, SIWAN HAVING HIS OFFICE IN COLLECTORATE, SIWAN. 2. MD.RASHID ALAM, THE BLOCK DEVELOPMENT OFFICER, BASANTPUR, DISTRICT-SIWAN. 3. SMT. MARACHIA DEVI, THE MUKHIYA, GRAM PANCHAYAT RAJ, SARAIYA SRIKANT BLOCK- BASANTPUR, P.S.-BASANTPUR, DISTRICT- SIWAN. 4. SRI GAURI SHANKAR, SACHIV, SARAIYA SRIKANT, BASANTPUR BLOCK, DISTRICT- SIWAN. 5. NIVA DEVI, D/O SUNIL PANDEY, VILLAGE- KARHINKALA, P.O.-BASANTPUR, P.S.- BASANTPUR, DISTRICT-SIWAN. 6. VIJETA KUMARI, D/O JITENDRA PRASAD, VILLAGE AND P.O.-HUSEPURHAND, P.S.- BASANTPUR, DISTRICT-SIWAN. 7. KUSUM KUMARI, W/O ARUN KUMAR VERMA, VILLAGE-SHAMPUR, P.O.-HUSEPURNAND, P.S.- BASANTPUR, DISTRICT-SIWAN.……RESPONDENTS. ----------- 3 19.07.2011 Petitioner is aggrieved by the appointment of private respondents as Panchayat Teacher although she had higher marks as apparent from the merit list itself. In the counter affidavit, the stand is that the petitioner had not appeared in the counseling which stand is being seriously disputed by the learned counsel for the petitioner on the basis of materials with the counter affidavit itself 2 claiming that it is an admitted position that no notice was issued to the petitioner in this regard. However, this Court considers it appropriate for the petitioner to approach the statutory Appellate Authority constituted under the Rules which is in a better position to call for the original records, verify the disputed question of facts and decide the matter. In the circumstances, the writ application is disposed of with liberty to the petitioner to approach the concerned Appellate Authority within four weeks from today. If she does so, the Appellate Authority shall issue notice to the concerned parties, shall call for the original records and shall decide the matter, preferably within the time limit fixed in the Rules for disposal of such matters. Arvind/ ( J.N. Singh, J.)