IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12492 of 2007 Nikhil Bharti son of Shri Nitya Nand Pathak, resident of village- Daniyalpur (Gaura 4), P.S. Teghra, District-Begusarai. ………Petitioner Versus 1. The State Of Bihar. 2. Principal Secretary, Human Resources Department, Bihar, Patna. 3. Director, Primary Education, Bihar, Patna. 4. District Magistrate, Begusarai. 5. District Superintendent of Education, Begusarai. 6. Prakhand Shiksha Prasar Padadhikari, Teghra, District- Begusarai. 7. Prakhand Bikash Padadhikari, Teghara, District-Begusarai. 8. Mukhiya, Gram Panchayat Raj, Gaura 4, Prakhand Teghra, District- Begusarai. 9. Panchayat Secretary, Gaura 4 Gram Panchayat Prakhand Teghra, District- Begusarai. 10. Rajesh Kumar son of Ram Krishna Azad, resident of village- Hasanpur, P.O. & P.S. Teghra, District- Begusarai. 11. Braj Kumar Son of Bindeshwari Sharma, resident of village- Daniyalpur, P.O. and P.S. Teghra, District- Begusarai. 12. Poonam Kumari w/o Hare Ram Sharma of village-Daniyalpur, P.O. and P.S. Teghra, District- Begusarai. 13. Raj Kumar son of Ram Krishna Azad of village Hasanpur, P.O. and P.S. Teghra, District- Begusarai. 14. Sangeeta Kumari w/o Rajeev Kumar Singh, village- Hasanpur, P.O. and P.S. Teghra, District- Begusarai. 15. Manoj Kumar Singh son of Ram Bhaj Singh, village- Hasanpur, P.O. and P.S. Teghra, District- Begusarai. 16. Anita Kumari w/o Bhuneshwar Paswan, resident of Raura 4, P.O. and P.S. Teghra, District- Begusarai. 17. Sunaina Kumari D/o Nagendra Sharma resident of Gaura 4, P.O. and P.S. Teghra, District- Begusarai. …….Respondents ----------- 2/ 15.04.2009 This matter has been listed under the heading “For Orders” on a motion slip filed that the petitioner desires to withdraw the writ petition to avail the alternative statutory remedy before the appellate authority constituted under the Bihar Primary Teachers [Appointment and Service Conditions] Rules, 2006, as amended in 2008 and notified on 25.8.2008. This application is, therefore, disposed with liberty to the - 2 - petitioner to move before the appellate authority. Any such application by the petitioner is required to be disposed of by the appellate authority after independent application of mind by reasoned and speaking order. It is made clear that this court has not gone into the merits of the matter. The appellate authority in no event or circumstance shall be prejudiced in any manner by the withdrawal of the writ application from this court to pursue the matter before the alternative statutory authority and the withdrawal of the application shall not be a matter to be taken into consideration at all by the appellate authority. The appellate authority shall be required to adhere to the time period mentioned in paragraph 2 of the notification dated 25.8.2008 to be reckoned from the date when the petitioner prefers application before the appellate authority. The writ application stands disposed in the aforesaid manner. JA/- (Navin Sinha, J.)