IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10822 of 2008 Sashi Bhusan Kumar, son of Brijnandan Manjhi, resident of village Jurahi, P.O. Umga, P.S. Madanpur, District- Aurangabad. …………… Petitioner Versus 1.The State Of Bihar 2.The Secretary, Department of Primary Education, Govt. of Bihar, New Secretariat, Patna 3.The District Magistrate, Aurangabad 4.The Deputy Development Commissioner, Aurangabad 5.The Panchayat Secretary, Gram Panchayat South Umga, Block Madanpur, District- Aurangabad 6.The Panchayat Samiti through its Panchayat Secretary Gram Panchayat Umga, Block Madanpur, District- Aurangabad. …………. Respondents ---------------------------------- 3. 19/09/2011 In the light of the matter being remitted back by this Court, The Deputy Development Commissioner has considered the case of the petitioner and others in respect of their grievances against their non-selection for appointment as Panchayat Teacher. Learned counsel for the petitioner submits that the petitioner had highest marks among Scheduled Caste candidates, still he was not appointed. However, in the impugned order of the Deputy Development Commissioner, there is a finding that the petitioner had not appeared in the counseling. Learned counsel for the petitioner submits that in fact no 2 counseling was held and petitioner had immediately protested about the same to the higher authority. This is a disputed question of fact. This Court under writ jurisdiction cannot decide the same. In the circumstances, liberty is granted to the petitioner to file appeal before the Appellate Authority in accordance with law. If he does so, the Appellate Authority shall call for the original records and shall come to a conclusion with regard to the said dispute of fact whether petitioner had appeared in the counseling or not and as to whether allegation of the petitioner that counseling had not taken place was correct or not. The writ application is disposed of with aforesaid liberty to the petitioner. Pradeep/ ( J. N. Singh,J.)