IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.2659 of 2007
KAMLESHWAR YADAV, son of Sri Ram Awatar Yadav, resident of village-
Badheyan, Panchayat- Machchagarh Lakshiram, Tola- Barauli, PS- Mirganj,
District- Gopalganj.
... Petitioner.
Versus
1. THE STATE OF BIHAR
2. The District Magistrate, Gopalganj, District- Gopalganj.
3. The S.D.O., Civil, Hathua Sub- Division, District- Gopalganj.
4. D.S.E., Gopalganj, District- Gopalganj.
5. Block Development Officer, Block- Hathua, District- Gopalganj.
6. Block Education Extancen Officer, Block- Hathua, District- Gopalganj.
7. Mukhiya Panchayat, Machchagarh Lakshiram, PS- Mirganj, District-
Gopalganj.
8. Panchayat Sewak, Machchagarh Lakshiram, PS- Mirganj, District-
Gopalganj.
9. Ashok Kumar Yadav, son of Munilal Yadav, resident of village Machchagarh
Lakshiram, PS- Mirganj, District- Gopalganj.
.. Respondents.
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2. 28.09.2010 Having heard learned counsel for the parties as
with regard to the following relief
“i) To direct the respondent
authority to appoint the petitioner on the post
of „Panchayat Teacher‟ of Machchagarh
Lakshiram Panchayat.
In view of the fact that the petitioner
had applied for the post of „Panchayat
Teacher‟ of Machchagarh Lakshiram
Panchayat and for that he was submitted his
application form before Panchayat Sewak
(Resp. No.-7) and against that receipt vide its
No. 57 had given to him and accordingly he
appeared for counselling on 30.11.06 and the
serial no. of the petitioner in counselling
register was marked as 37 but the another
person who was lesser marks holder selected
for that post due to oblique reason.”
2
this Court is of the considered opinion that the
grievance of the petitioner in the first instance has to be
looked into by the District Teachers‟ Appellate Authority
and therefore this writ application is disposed of with a
liberty to the petitioner to approach the said authority by
filing a complaint.
It is however made clear that if the petitioner
would file a complaint within a period of one month from
today, the same shall be disposed of on merits after giving
opportunity of hearing to the petitioner and respondent no.
9 without going into the question of delay keeping in view
that this writ application had remained pending since
28.2.2007.
With the aforementioned observations and
directions, this writ application is disposed of.
kanchan/- (Mihir Kumar Jha, J.)