Remanded

Indu Kumari v. the State of Bihar and Ors.

Patna HC5 Feb 2013CWJC/1910/2011

Case brief

AI extract

What is this about?

In a writ petition involving appointment and termination of a Panchayat teacher, the High Court addressed a dispute over the petitioner's alleged non-appearance in the counseling process. The court remanded the matter to the Appellate Tribunal to verify the original counseling register in the presence of both parties to resolve the factual conflicting evidence.

What did the court decide?

Remanded to the Appellate Tribunal to verify the original counseling register and pass appropriate orders within two months.

Indu Kumari Vs the State of Bihar and Ors. — Education and Admissions | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.1910 of 2011

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INDU KUMARI W/O SRI SUDHIR KUMAR SAHANI, RESIDENT OF MOHALLA OLD CHOWK, KALIBEDI, WARD NO.12, POLICE STATION ROSERA, DISTRICT SAMASTIPUR.

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…. …. PETITIONER/S VERSUS

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THE STATE OF BIHAR

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THE SECRETARY, PRIMARY EDUCATION, HRD, GOVERNMENT OF BIHAR.

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DSE, SAMASTIPUR

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BLOCK EDUCATION OFFICER, SINGHIA, SAMASTIPUR

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DISTRICT TEACHER EMPLOYMENT APPELLATE TRIBUNAL, SAMASTIPUR

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THE HEAD MASTER, PRIMARY SCHOOL, LAKSHMINIYA, POLICE STATION ROSERA, DISTRICT SAMASTIPUR

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THE MUKHIYA, GRAM PANCHAYAT RAJ MAHRA, POLICE STATION ROSERA

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THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ MAHRA, POLICE STATION ROSERA

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KAVITA KUMARI, D/O FUDDI MAHTO, RESIDENT OF VILLAGE TEKUNAMATH, POST OFFICE BHARWARI, POLICE STATION ROSERA, SAMASTIPUR.

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.... .... RESPONDENT/S

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====================================================== Appearance :

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For the Petitioner/s : Mr. Kripa Nand Jha For the Respondent/s : Mr. Devendra Kr Sinha Aag2

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====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER

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5 05-02-2013 Heard learned counsel for the petitioner, the State and respondent no.9.

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The petitioner as well as respondent no.9 applied for post of Panchayat teacher in Mahra Gram Panchayat. It is not in dispute that the petitioner had got more marks than respondent no.9. The Appellate tribunal while hearing Appeal No.1357 of 2010 issued Memo no. 749 dated 19.11.2010, recommending for

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Patna High Court CWJC No.1910 of 2011 (5) dt.05-02-2013

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termination of appointment of the petitioner on the ground that she did not appear in the counseling on 28.2.2009.

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The petitioner in support of submission has referred to annexure 2 and states that she appeared in the counseling. The petitioner then refers to annexure 4 which is appointment letter issued by the Panchayat Primary Teachers Niyojan Samiti dated 13.8.2010. The petitioner submits that she appeared in the counseling on 28.2.2009 and after verification of all documents, she put her signature on counseling register as contained in Annexure 2. She further submits that a final select list was also prepared contained in Annexure 3, pursuant to which the Panchayat Secretary vide letter no.16 dated 13.8.2010 issued her appointment letter.

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State and private respondent no.9 submit that the petitioner has not appeared in the counseling.

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The dispute is only within arena whether the petitioner appeared in the counseling or not. As such, the matter is remanded to the Appellate Tribunal which would call for the original counseling register and verify whether the petitioner appeared in the counseling or not. The counseling register should be verified in presence of the petitioner and respondent no.9 along with their learned counsel and others who would be

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Patna High Court CWJC No.1910 of 2011 (5) dt.05-02-2013

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relevant. The tribunal would complete the exercise within two months from the date of receipt of this order. In case, the original counseling register shows that the petitioner had appeared in the counseling on 28.2.2009, appropriate order would be passed.

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The writ petition is thus disposed of.

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Shashi.

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(Samarendra Pratap Singh, J)

Indu Kumari v. the State of Bihar and Ors.

Case brief

What is this about?

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Indu Kumari v. the State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

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