IN THE HIGH COURT OF JUDICATURE AT PATNA C.W.J.C. No.1125 of 2008 Meenakshi Rani, wife of Sri Ashok Kumar, Resident of Mohalla Sahebganj, Dhanuk Toli Lane, P.S. Tilkamanjhi University, Bhagalpur, District Bhagalpur .. Petitioner Versus 1. The State of Bihar 2. The District Magistrate, Bhagalpur, district Bhagalpur 3. The Deputy Development Commissioner, Bhagalpur, district Bhagalpur 4. The District Superintendent of Education, Bhagalpur 5. The Sub Divisional Officer, Sadar Bhagalpur, district Bhagalpur 6. The Block Development Officer, Sabour Block, district Bhagalpur 7. The Block Education Extension Officer, Sabour Block, Bhagalpur 8. The Mukhiya, Mamalakha Gram Panchayat, Block Sabour, district Bhagalpur 9. Panchayat Sachiv, Mamalakha Gram Panchayat, Block Sabour, district Bhagalpur 10. Smt. Sujata Kumari, wife of Ashish Kumar, resident of village Jhurkhria, Bahadurpur, district Bhagalpur .. Respondents **** /2/ 07.07.2009 Heard the counsel for the petitioner and the State. 2. Petitioner had filed this application for quashing the appointment letter of respondent no. 10, dated 02.03.2007, and for a direction to the authorities for holding an enquiry in the matters of selection. Petitioner’s case is that entire selection process was illegal. Persons having lesser marks have been appointed and the candidates like petitioner having higher marks were left. There is statutory provision of filing 2 an appeal before the District Education Tribunal constituted under Rule 18 of the Bihar Panchayat Elementary Teachers (Appointment and Service Condition) Rules, 2008. 3. The statutory remedy is available to the petitioner, which has not been exhausted, as such, this application is being disposed off giving liberty to the petitioner to file her appeal before the appellate tribunal within thirty days from today. In case the appeal is preferred within the time specified question of limitation will not be raised by the appellate forum and the appeal will be decided in accordance with law considering the merit of the case. Cp:2/S.A. (Mridula Mishra, J.)