IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4031 of 2008 Pankaj Kumar Paswan, son of Sri Bhagwat Paswan, resident of village/Mohalla Agaiya, P.S. Sanokhar, District Bhagalpur….Petitioner Versus 1. The State Of Bihar through Secretary, Department of Human Resources, Govt. of Bihar, Patna. 2. The Director, Primary Education, Bihar at Patna. 3. The District Magistrate, Bhagalpur. 4. The District Superintendent of Education, Bhagalpur. 5. The Block Development Officer, Sanhaula under the district of Bhagalpur. 6. The Block Education Extension Officer, Sanhaula Block under the district of Bhagalpur. 7. The Mukhiya, Gram Panchayat Raj, Badi Naki Gram Panchayat under the Block Sanhaula District Bhagalpur. 8. The Panchayat Sevak cum Secretary, Gram Panchayat Raj, Badi Naki Gram Panchayat, Block Sanhaula under the District of Bhagalpur ……………………………………………………..Respondents ---------- 3 06.07.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. Learned counsel for the petitioner submits that petitioner claims for his appointment as Panchayat Teacher afresh on the fact that after the incumbent, who was at serial no.1 was appointed, later on resigned and then the respondents started further selection process by convening the meeting of the Selection Committee. In the Committee, the incumbent at serial no.2 was 2 selected for appointment but he did not join. Hence, petitioner, who was at serial no.3, was entitled to be selected and appointed. However, learned counsel for the State points out from pleading made in paragraph 5 of the counter affidavit to show that though subsequent meetings were held but since quorum was not complete, no decision was taken. In the circumstances, he submits that petitioner’s selection could not be made only on account of want of quorum in the meeting. The submission of the learned counsel for the petitioner may have some force. However, since an alternative remedy is available to the petitioner before the statutory Appellate Authority under the Rules, it will be appropriate for him to approach the Authority in the matter. In the circumstances, the writ application is disposed of with a liberty to the petitioner to approach the Appellate Authority raising his grievances which shall be considered by the Authority on 3 merits and final orders shall be passed in accordance with law after complying with the Principles of Natural Justice preferably within a period of two months from the date of receipt/production of a copy of this order. BT (J. N. Singh, J.)