IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5239 of 2008 BRAJENDRA KUMAR, S/O SRI ISHWAR PRASAD, R/O VILLAGE-DHANDHAR, P.S.-WAJIRGANJ, DISTRICT- GAYA. ……………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, ELEMENTARY AND ADULT EDUCATION DEPARTMENT, PATNA. 2. THE COLLECTOR, GAYA. 3. THE BLOCK DEVELOPMENT OFFICER, WAZIRGANJ, GAYA. 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, GAYA. 5. SHAILENDRA KUMAR, S/O SRI RAM BALAK PRASAD YADAV, ‘SHIKSHAMITRA’, MIDDLE SCHOOL, JAMUAWA, P.S.-WAZIRGANJ, DISTRICT-GAYA. 6. MUKHIYA, JAMUAWA GRAM PANCHAYAT, WAZIRGANJ BLOCK, DISTRICT-GAYA. ……………RESPONDENTS. ----------- 2 19.07.2011 Petitioner is aggrieved by the appointment of respondent no.5 as Shiksha Mitra in ignorance of his case, although he had higher marks. Learned counsel for the petitioner refers to Annexure-2 and subsequent Annexures to show that reports were made that the petitioner had higher marks, but was wrongly denied selection. He submits that, in spite of the report, no final orders have been passed by the authorities in the matter. However, now a statutory Appellate Authority has been constituted 2 under the Rules for consideration of such complaints in the appointment of Panchayat Teachers as well as Shiksha Mitra. The notification also contains provision for transfer of pending matters to the Appellate Authority. In the circumstances, this writ application is disposed of with a direction to the District Magistrate/Block Development Officer to transmit the record related to the inquiry reports, as contained in Annexure-5 onwards, to the concerned Appellate Authority within four weeks from today. Upon receipt of the records, the Appellate Authority shall issue notice to the concerned parties, hear them and pass appropriate orders in accordance with law preferably within the time frame fixed in the Rules for disposal of such matters. Arvind/ ( J.N. Singh, J.)