IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5890 of 2008 Md.Imran, son of Md. Hafizuddin, resident of village Singhari, P.S. Kochadhaman, District Kishanganj………………………………………………..………….Petitioner Versus 1. The State Of Bihar through the Secretary, Department of Human Resources Development, Bihar, New Secretariat, Patna, District Patna. 2. The Director, Primary Education, Government of Bihar, New Secretariat Patna, Bihar, District Patna. 3. The District Magistrate, Kishanganj, District Kishanganj. 4. The District Superintendent of Education, Kishanganj, District Kishanganj. 5. Block Development Officer, Terhagachh, P.S. Terhagachh, District Kishanganj. 6. Mukhiya, Gram Panchayat, Chilhanya, P.S. and Block Terhagachh, District Kishanganj. 7. Secretary - cum - Panchayat Sevak, Gram Panchayat, Chilhanya, P.S. and Block Terhagachh, District Kishanganj………Respondents ----------- 2 25.07.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. Engagement of the petitioner has been cancelled by Mukhiya, vide order dated 05.10.2007 as contained in Annexure-7, on the ground that his appointment was made in excess of quota for unreserved candidates. Learned counsel for the petitioner submits that petitioner filed an appeal before the Block Development Officer, who was the competent authority at that point 2 of time, against the said order. In this regard, an enquiry was held and the Block Development Officer formed an opinion that in case somebody was required to be removed then person with lowest marks had to be removed and not the petitioner who has higher marks. However, he submits that Block Development Officer has not passed any final orders till today. Under the Bihar Panchayat Prarambhik Shikshak (Niyojan Avam Seva Sart) Niyamvali, 2006 (as amended by Amendment Act, 2008), statutory Appellate Authority has been constituted and it has been laid down that all the pending matters before the Block Development Officer or any authority of the Government shall be transmitted to the Appellate Authority for consideration and disposal. In the circumstances, the writ application is disposed of with a direction to the Block Development Officer / concerned authority to transmit the complaint / appeal of the petitioner and the entire connected records to the 3 concerned Appellate Authority within one month from the date of receipt / production of a copy of this order. On the records being received, the Appellate Authority shall issue notice to the concerned parties, give them an opportunity to be heard in the matter and shall pass appropriate orders in accordance with law, without going into the question of limitation, preferably within the time limit prescribed under the Rules for disposal of appeal/complaint. BT (J. N. Singh, J.)