IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.15480 of 2008
1. AMIT KUMAR SINGH, S/O SHRI RAJENDRA SINGH,
R/O VILLAGE-PAKHOPALI, P.O.-RUDALPUR, P.S.-
BAHORE, DISTRICT-GOPALGANJ.
2. BINAY KUMAR DVIVEDI, S/O RAJ MANGAL
DVIVEDI, R/O VILLAGE+POST-SISAI, TOLA-
HATHIHAR CHAPAR, P.S.-BHOREY, DISTRICT-
GOPALGANJ.
3. KUMARI SUNITA, D/O GHAGRU PRASAD, R/O
VILLAGE-MATHIYA, P.O.-SASAI, P.S.-BHOREY,
DISTRICT-GOPALGANJ. .....................PETITIONERS.
Versus
1. THE STATE OF BIHAR.
2. THE DISTRICT MAGISTRATE, GOPALGANJ,
DISTRICT-GOPALGANJ.
3. THE DISTRICT SUPERINTENDENT OF EDUCATION,
GOPALGANJ, DISTRICT-GOPALGANJ.
4. THE BLOCK EDUCATION EXTENSION OFFICER,
BHORE, P.O.+P.S.-BHOREY, DISTRICT-GOPALGANJ.
5. THE BLOCK DEVELOPMENT OFFICER, BHOREY,
DISTRICT-GOPALGANJ.
6. MUKHIYA, GRAM PANCHAYAT, SISAI, P.S.-
SISAI, DISTRICT-GOPALGANJ. ...............RESPONDENTS.
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4 29.10.2010 Learned counsels agree that the Appellate
Authorities constituted by the State Government under
Rule 18 of the Bihar Panchayat Prarambhik Shikshak
(Niyojan Avam Seva Sart) Niyamvali, 2006 (as
amended by Amendment Act, 2008) are now
functional and hence an efficacious alternative forums is
available to the petitioner and others for consideration of
all their grievances in respect of their employment.
In the circumstances, the writ application is
disposed of with liberty to the petitioner(s) to file an
appropriate appeal/application before the concerned
Appellate Authority, if not already filed, for redressal of
2
his/her/their grievances. In case such an
appeal/application is filed by the petitioner(s) within one
month, the Appellate Authority shall consider the same
and all documents enclosed therewith, including orders
of this Court in identical matters, if produced, and other
relevant records and make all endeavours to dispose of
the same on merits in reference to the original records
after hearing the parties concerned by a speaking order,
preferably within the time prescribed under the Rules for
the purpose, by condoning the delay, if any. No order of
any authority, passed earlier in terms of Rule 18, as it
stood prior to amendment, or any order passed by any
authority of the Government at the District level shall be
treated as impediment in consideration of the matter
judiciously on merits in terms of this order.
It is made clear that this Court has not
expressed any opinion with regard to the merits of the
claim of the petitioner(s).
Arvind/ ( J. N. Singh, J.)
