IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13998 of 2008 DHARMENDRA KUMAR, S/O SRI ANAND LAL RAI, R/O VILLAGE-LOOTAN, P.S.-SAKRA, DISTRICT- MUZAFFARPUR. ………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH ITS SECRETARY, GOVERNMENT OF BIHAR, PRIMARY AND ADULT EDUCATION DEPARTMENT, PATNA. 2. THE SECRETARY, PRIMARY AND ADULT EDUCATION DEPARTMENT, BIHAR, PATNA. 3. DISTRICT MAGISTRATE, MUZAFFARPUR. 4. DISTRICT EDUCATION OFFICER-CUM-CHAIRMAN, BIHAR EDUCATION YOZNA, RAMBAGH, MUZAFFARPUR. 5. BLOCK DEVELOPMENT OFFICER, BLOCK MUROOL, MUZAFFARPUR. 6. BLOCK EDUCATION EXTENSION OFFICER, MUROOL, MUZAFFARPUR. 7. PANCHAYAT SECRETARY, HARSINGPUR LOOTAN GRAM PANCHAYAT, MUZAFFARPUR. 8. MUKHIYA, HARSINGPUR LOOTAN GRAM PANCHAYAT, MUROOL BLOCK, MUZAFFARPUR. 9. RISHAV KUMAR, S/O RAM BABU CHOUDHARY, R/O VILLAGE-RAINI, P.O.-T.L.A. DHOLI, P.S.-SAKRA, DISTRICT-MUZAFFARPUR. ……………RESPONDENTS. ----------- 2 14.11.2011 Learned counsel for the petitioner points out that the Mukhiya, by her order dated 20.05.2008, as contained in Annexure- 4, has cancelled the appointment of respondent no.9 as Panchayat Teacher on the complaint of the petitioner. However, she did not issue any order for appointment of the petitioner. The mere cancellation of appointment of a Panchayat Teacher on a complaint does not make the complainant 2 entitled for appointment. It has to be established by the complainant that as per law he was entitled for appointment as a consequence of cancellation of appointment of the erstwhile Panchayat Teacher. This petitioner is required to establish. Therefore, petitioner will be at liberty to claim his entitlement for appointment before the Appellate Authority constituted under the Rules in terms of 2008 amendment through a representation which shall be considered and disposed of by the appellate Authority in accordance with law, after complying with the Principles of Natural Justice. The writ application is disposed of with the aforesaid observations and directions. Arvind/ ( J.N. Singh, J.)