IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.3282 of 2007
BRAMH DEO MANDAL son of Sri Lattu Mandal resident of
village Gajhanda, P.S. Chandadih (Barahat), District Banka.
Versus
1. THE STATE OF BIHAR
2. The District Magistrate, Banka, District banka.
3. The Sub. Divisional Officer, Banka, district Banka.
4. The District superintendent of Education, Banka.
5. The Block Extension Education Officer, Barahat, District Banka.
6. Mukhiya, Gram Panchayat, Gordhawar, Prakhand Barahat, district Banka.
7. The Selection sammittee, through the Secretary, namely Muni lal Singh,
Prakhand Barahat, district Banka.
8. The Head Master, High School, Mirzapur, Changri district Banka.
9. Sangam Kumri D/o Anil Mandal R/o village Bania chak, P.S. Barahat,
District banka.
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2 1.10.2010 Having heard counsel for the petitioner and counsel
for the State as with regard to the following relief:-
“That this is an application for issuance
of a writ, order, direction including a writ in the
nature of mandamus commanding the respondents to
appoint the petitioner on the post of Panchyat teacher
and after enquiry cancel the appointment of
respondent no.9 and like others, whose appointments
violates the provisions of the Bihar Panchayat
Prarambhik shikshak Niyamawali, 2006.”
this Court is of the considered opinion that the
aforementioned 2006 Rules itself envisages filing of a complaint
with regard to any anomaly in the selection and appointment on
the post of Panchayat shikshak before the District Teachers
Appellate Authority.
That being so, when the petitioner admittedly had not
approached the said authority, this Court would give liberty to the
petitioner to move the said authority in the first instance by filing a
complaint within a period of one month from today. If such
complaint is filed the said authority shall decide the same on
2
merits without going into the question of delay.
With the aforementioned observation this application
is disposed of.
Abhay Kumar ( Mihir Kumar Jha, J.)
