The Division Bench held that the writ petition is not maintainable as the petitioner has an alternative remedy via the Bihar State Teaching Institutions Teachers and Employees (Dispute Redressal & Appeal) Rules 2020. Liberty was granted to file the remedy.
Liberty granted to file the remedy as per the rules; writ petition dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17644 of 2022
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... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr.Md. Najmul Hodda, Adv. For the Respondent/s : Smt. Binita Singh (Sc28) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA
ORAL ORDER
2 03-01-2023 The petitioner has an alternative remedy of filing an appeal in terms of the Rules of the Bihar State Teaching Institutions Teachers and Employees (Dispute Redressal & Appeal) Rules 2020. In the judgment dated 23.02.2022 passed in C.W.J.C. No. 5489 of 2020 (Suresh Ram Vrs. The State of Bihar & Ors.) and connected matters reported
Patna High Court CWJC No.17644 of 2022(2) dt.03-01-2023 2/2
in 2022 (2) B.L.J., 381 and the judgment dated 07.03.2022 passed in C.W.J.C. No. 34 of 2022 (Minakshi @ Sushre Minakshi & Anr. Vrs. The State of Bihar & Ors.), this Court also held that the writ could not be maintainable in view of the alternative remedy available to the petitioner.
Granting liberty to the petitioner to file remedy as per Rules of the Bihar State Teaching Institutions Teachers and Employees (Dispute Redressal & Appeal) Rules 2020, the writ petition is dismissed.
(Sanjeev Prakash Sharma, J)
Shamshad/Item No. 6 U
2 issues framed by the court
Whether the writ petition is maintainable considering the availability of an alternative remedy under the Rules of the Bihar State Teaching Institutions Teachers and Employees (Dispute Redressal & App
Whether the petitioner is granted liberty to approach the appellate authority.
Colour shows how this judgement treated each authority
Suresh Ram Vrs. The State of Bihar & Ors.Referred¶20
C.W.J.C. No. 5489 of 2020 (Suresh Ram Vrs. The State of Bihar & Ors.)
Minakshi @ Sushre Minakshi & Anr. Vrs. The State of Bihar & Ors.Referred¶22
C.W.J.C. No. 34 of 2022 (Minakshi @ Sushre Minakshi & Anr. Vrs. The State of Bihar & Ors.)
Shishir Kumar Gautam
Ajit Kumar Ram
The State of Bihar
The Director, Primary Education Department
The District Magistrate, Bhagalpur
The District Education Officer
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
