IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4575 of 2009 SUNITA KUMARI Versus THE STATE OF BIHAR & ORS ----------- 2. 22.4.2009 Heard learned counsel for the petitioner and the State. The petitioner is aggrieved by the order dated 15.2.2007 by which she was removed from the post of teacher. The submission is that the impugned order is covered by certain orders of this Court. The petitioner has an alternative statutory remedy before the appellate authority constituted under the rules as amended in 2008 for appointment of teachers. In that view of the matter, this Court is not persuaded to entertain the writ application. If the petitioner files an application before the appellate authority and relies upon certain orders of this Court with the claim that she is covered by the issues decided therein, the appellate authority while considering the claim of the petitioner shall be required to adequately to consider any orders of this Court on a similar issue, if applicable. This shall not preclude the appellate authority from independent application of mind to the claim of the petitioner but, if the appellate authority is of the opinion that the petitioner is not covered by any orders of this Court, as claimed by her, the appellate authority shall be required to discuss, distinguish and differentiate the case of the petitioner from the order of the Court sought to be relied upon by the petitioner, by a reasoned and speaking order then the appellate authority shall be at liberty to pass an independent order in - 2 - accordance with law. Any such application before the appellate authority shall have to be disposed within the statutory time fixed under the notification creating the appellate authority in Rule 2 thereof. P. Kumar (Navin Sinha, J.)