IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.771 of 2011 In (CIVIL WRIT JURISDICTION CASE 12188/2010) 1. SANTOSH MANJHI S/O RAMSAGAR MANJHI R/O TALIMPUR, P.S.JAMO BAZAR, DISTT-SIWAN --------- APPELLANT Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT BIHAR, PATNA 2. PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPTT. BIHAR, PATNA 3. DIRECTOR PRIMARY EDUCATION BIHAR, PATNA 4. MEMBER DISTRICT TEACHER EMPLOYMENT APPELLATE TRIBUNAL SIWAN 5. THE COLLECTOR SIWAN 6. THE DISTRICT SUPERINTENDENT OF EDUCATION SIWAN 7. BLOCK DEVELOPMENT OFFICER LAKARI NAVIGANJ, DISTT-SIWAN 8. BLOCK EDUCATION EXTENTION OFFICER LAKARI NAVIGANJ, DISTT-SIWAN 9. MUKHIYA GRAM PANCHAYAT RAJ BALDIHAIN LAKARI NAVIGANJ, BLOCKS, DISTT-SIWAN 10. PANCHAYAT SECRETARY BALDIHA PANCHAYAT LAKARI NAVINAGANJ BLOCK DISTT-SIWAN 11. BIRABAHADUR MANJHI S/O KHEDARU MANJHI R/O SAIDPUR, P.O.BALDIHA GRAM PANCHAYAT RAJ BAIDIHI, P.S.JAMOBAZAR, DISTT-SIWAN -----------------RESPONDENTS ------------------- 2 12-08-2011 Heard learned counsel for the appellant and learned counsel for the State. According to case of the appellant which has not been accepted by the Appellate Tribunal or the Writ court, the private respondent got engagement as Shiksha Mitra in the year 2005 on account of fraud. In order to entertain the case of appellant disputed questions of facts will have to be settled and for that writ jurisdiction is not appropriate. The writ court has 2 dismissed the writ petition mainly after noticing that the matter related to appointment for one year made in the year 2005 has been challenged by the appellant before the Appellate Authority, Siwan in the year 2010. Since we are not persuaded to enter into the merits of the case for the reasons indicated above, the appeal is dismissed but with liberty that, if so advised, the appellant may approach the Civil court of competent jurisdiction for seeking remedy in accordance with law. BKS/- (Shiva Kirti Singh, J.) (Amaresh Kumar Lal, J.)