IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12215 of 2009 BIPIN KUMAR MANDAL, S/o Jagdish Prasad Mandal, resident of village Mallickpur, P.S. Pirpainty, District – Bhagalpur. ….. Petitioner. Versus 1. THE STATE OF BIHAR. 2. The District Magistrate, Bhagalpur. 3. Sub-divisional Officer, Kahalgaon, P.S. Kahalgaon, District - Bhagalpur. 4. District Superintendent of Education, Bhagalpur. 5. Block Extension Education Officer, Pirpainty, District – Bhagalpur. 6. Block Development Officer, Pirpainty, District – Bhagalpur. 7. Mukhia Pyalapur Gram Panchayat Pirpainty Block, P.S. Pirpainty, District – Bhagalpur. 8. Panchayat Secretary, Pyalapur Gram Panchayat, P.S. Pirpainty, District – Bhagalpur. 9. Raj Kumar @ Mandal S/o Hari Charan Rai, resident of village – Sarkanda, P.S. Pirpainty, District – Bhagalpur. …. Respondents. ----------- 02/ 27.11.2009 Heard counsel for the petitioner and counsel appearing for the State. Petitioner’s prayer is for a direction to the respondent to cancel the appointment of respondent no. 9 and appoint the petitioner on the post of Panchayat teacher in Pyalapur Gram Panchayat. The prayer has been made on the ground that respondent no. 9 has lesser marks than the petitioner in Intermediate and Matriculation. Without considering the merit of the case, this application is being disposed of, as the petitioner has already approached the District Teachers Employment Appellate Tribunal, Bhagalpur by filing an appeal. The statutory remedy available to the petitioner has not been exhausted as yet. The - 2 - petitioner may pursue his appeal. The tribunal will decide the appeal filed by the petitioner within the statutory period in accordance with law. DKS/ (Mridula Mishra, J.)