IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9964 of 2008 Shakita Kumari, wife of Bishundeo Das, resident of village Nawada Harijan Tola, P.S. Kharik, District- Bhagalpur. …………. Petitioner Versus 1.The State Of Bihar 2.The Commissioner, Purnea 3.The District Magistrate, Katihar 4.The Deputy Development Commissioner, Katihar 5.The District Education Superintendent, Katihar 6.The Block Development Officer, Falka, District- Katihar 7.The Block Education Extension Officer, Falka, District- Katihar 8.The Panchayat Secretary, Gobindpur Ram Panchayat, P.S. Falka, District- Katihar 9.The Mukhiya, Gobindpur Gram Panchayat, P.S. Falka, District- Katihar. ………… Respondents ---------------------------------- 2. 30/08/2011 Petitioner’s grievance is that although she was having higher marks, she was not selected for appointment as Panchayat Teacher and some one else was appointed. Admittedly, petitioner filed complaint which was considered and order was passed by the Block Development Officer on 21.4.2008, as contained in Annexure-2, by which appointment, made earlier, was cancelled. However, petitioner was not appointed on the ground that there was a ban on appointments by the Government. Learned counsel for the petitioner submits that although respondents have admitted in the counter affidavit that the 2 petitioner had higher marks and was at the top in the merit list, but no orders have been passed in her favour. He submits that petitioner has come to know unofficially that some one else has been appointed on the vacancy arising after the order of the Block Development Officer dated 21.4.2008. If that is so, petitioner has a remedy against the subsequent appointment before the statutory Appellate Authority. In the circumstances, this writ application is disposed of with liberty to the petitioner to file an appeal before the concerned statutory Appellate Authority within four weeks from today. If she does so, the Appellate Authority shall issue notice to the concerned parties giving them opportunity to be heard, shall call for the original records, if necessary, and shall decide the matter on merits positively within two months from the date of filing of appeal by the petitioner. It is obvious that the appointment subsequently made and being challenged by the petitioner through the appeal shall be subject to the final order of the Appellate Authority. Pradeep/ ( J. N. Singh,J.)