IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16033 of 2007 REKHA KUMARI PANDIT, DAUGHTER OF SRI KISHORI PANDIT, WIFE OF SRI PARMANAND PANDIT, RESIDENT OF VILLAGE DULIPATTI, P.S. JAINAGAR, DISTRICT MADHUBANI …… PETITIONER Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, DEPARTMENT OF EDUCATION, GOVT. OF BIHAR, PATNA 3. THE DIRECTOR, EDUCATION, GOVT. OF BIHAR, PATNA 4. THE DISTRICT MAGISTRATE, MADHUBANI 5. DISTRICT SUPERINTENDENT OF EDUCATION, MADHUBANI 6. BLOCK DEVELOPMENT OFFICER, JAINAGAR 7. BLOCK EDUCATION EXTENSION OFFICER, JAINAGAR, MADHUBANI 8. MUKHIYA DULLIPATI, GRAM PANCHAYAT, P.S. JAINAGAR, MADHUDBANI 9. PANCHAYAT SECRETARY, DULLIPATTI, GRAM PANCHAYAT, MADHUBANI….RESPONDENTS IST SET 10. REKHA KUMARI PANDIT, DAUGHTER OF BILAT MANDAL, RESIDENT OF VILLAGE TEGRAR, BLOCK KHUTAUNA, SUB-DIVISON PHULPARAS, DISTRICT MADHUBANI…. RESPODNENT 2ND SET ----------- 2. 27.07.2009 Learned counsel for the petitioner as well as learned counsel for the State inform this Court that now Appellate Authorities constituted by the State Government under Rule 18 of the Bihar Panchayat Prarambhik Shikshak (Niyojan Avam Seva Sart) Niyamvali, 2006 are functional and are now efficacious alternative forums available to the petitioner and others for consideration of their grievances. In view of the submissions of the learned counsels and in view of the availability of the efficacious alternative forum, the writ application is - 2 - disposed of with liberty to the petitioner to file an appropriate application before the concerned Authority, if not already filed, for redressal of her grievance. In case such an application is filed by the petitioner, the Authority shall make all endeavours to dispose of the same on its own merits by a speaking order preferably within the time prescribed under the Rules for the purpose. However, learned counsel for the State submits that as the petitioner is not a citizen of India, she was not entitled for appointment as Panchayat Shikshak. Learned counsel for the petitioner submits that this Court may leave open for the Appellate Authority to consider this issue also while considering the case of the petitioner on merit. Therefore, this issue is being left open for being considered by the Authority while considering the case of the petitioner on merit after giving due notice to the Government authorities and any other persons concerned in the matter. It is made clear that this Court has not expressed any opinion with regard to the merits of the claim of the petitioner. B.T. (J.N. Singh, J.)