IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12834 of 2007 MD.NOOH ALAM, son of Md. Rafique Alam, resident of village Hathioandha, P.S. Bihariganj, District Madhepura ... Petitioner Versus 1. THE STATE OF BIHAR through the Principal Secretary, Human Resources Department, Govt. of Bihar, Patna 2. The Commissioner, Saharsa Division, Saharsa, District Saharsa 3. The District Magistrate, Madhepura, District Madhepura 4. The District Development Officer, Madhepura, District Madhepura 5. The District Superintendent of Education, Madhepura, District Madhepura 6. The Block Development Officer, Bihariganj, District Madhepura 7. The Ara Officer of Education, Block Bihariganj, District Madhepura 8. The Block Education Extension Officer, Bihariganj, District Madhepura 9. The Kushthan Gram Panchayat within Bihariganj Block, District Madhepura 10. The Mukhiya, Kusthan Gram Panchayat within Bihariganj Block, District Madhepura ... Respondents ----------- 2. 28.9.2010 Having heard Mr. Subodh Kumar Jha, learned counsel for the petitioner and the counsel for the State as with regard to the following relief: “This writ application is being filed for issuance of an appropriate writ/writs, order or orders in the nature of mandamus for directing and commanding the respondents to consider the case of the petitioner for appointment on the post of Panchayat Shikshak (Urdu) Kusthan Gram Panchayat within Bihariganj Block, District 2 Madhepura keeping in facts that the person who is having less marks in comparison petitioner as the petitioner has obtained 828 marks in Intermediate (Moulvi) whereas one Imran Alam who is having 787 marks in I.A. (Moulvi) has been recommended for appointment by the respondent no.10 on extraneous consideration contrary to the law and further for a direction to the respondents to appoint the petitioner on such consideration on the post of Panchayat Shikshak (Urdu) under Kushthan Gram Panchayat within Bihariganj Block, District Madhubani forthwith by giving all legal and consequential benefits on such appointment for the ends of justice and equity.” this Court is of the view that even when an order in favour of the petitioner dated 20th February, 2008 has been passed by the Block Development Officer, Bihariganj during the pendency of this writ application which was filed on 26.9.2007, the resultant grievance of the petitioner of not being appointed on the post of Panchayat Shikshak despite having higher marks has to be still looked into in the first instance by the competent authority, namely, District Teachers 3 Appellate Authority. Therefore, if the petitioner would approach the District Teachers Appellate Authority by filing his complaint, the said authority would take an expeditious decision preferably within a period of six months but only after giving opportunity of hearing to any person who may be affected by such decision of the authority. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/