IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2400 of 2009 Vimal Kumar & Anr Versus The State Of Bihar & Ors ---------------------------------- 06. 24.10.2011 Heard learned counsel for the petitioner and the counsel, appearing for the State. Though Respondent Nos. 9 to 13 have appeared through Vakalatnama, but no one appeared on behalf of them. Petitioner’s prayer in this Writ Application is for directing the respondents to appoint them on the post of Panchayat Teacher in Sukhshahan Gram Panchayat on the basis of merit list, prepared after re-counseling. During the pendency of this Writ Application, petitioner has also preferred an appeal, but the Appellate Tribunal has disposed it of without looking into the merit of the case, simply on the ground of delay. Considering the points, which has been taken by the petitioner for challenging the earlier merit list, prepared on the basis of counseling and subsequent merit panel, prepared after re- counseling, I find that for deciding the issue involved in this Writ Application, several factual aspects have to be looked into, such as, applications received, 2 marks of the petitioner as well as other candidates, statement of Mukhiya and Panchayat Secretary as well as non-selected candidates. Counsel appearing for the petitioner has also submitted that the enquiry had been conducted, receiving complaints made by the petitioner. On that basis only re-counseling had been done. I find that the Appellate Tribunal has not considered anything, which is statutory forum for deciding such issues. The Writ Court can not go into the factual aspect, like present one. Accordingly, this Writ Application is being disposed of remitting this matter back to the District Teacher Employment Appellate Tribunal, Katihar. Petitioner will produce the order of this Court within 15 days from today before the Tribunal and the Tribunal will issue notice to the Mukhiya, the Panchayat Secretary, candidates, whose names were in the panel for counseling. All records, connected with the appointment of Panchayat Teachers in the concerned Gram Panchayat will be called and perused by the Tribunal. Only giving proper opportunity to all concerned and looking into the connected documents, final order, deciding the merit of the application will be passed by the 3 Tribunal within three months from the date of production / communication of a copy of this Order by the petitioner before the Tribunal. SKM (Mridula Mishra, J.)