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Girija Kumari Vs The State of Bihar and Ors. — Education and Admissions | Patna HC (2023)

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Patna HC
2023
Girija Kumari Vs The State of Bihar and Ors.Girija Kumari v. The State of Bihar and Ors.

Disposed

Girija Kumari v. The State of Bihar and Ors.

Patna HC6 Nov 2023CWJC/4652/2019

Case brief

AI extract

What is this about?

The petitioner challenged the order terminating her services. The Court held that the writ application is not maintainable as the petitioner failed to approach the District Teachers Appellate Authority first. The application was disposed of with liberty to approach the said Authority.

What did the court decide?

Writ application disposed of with liberty to approach the District Teachers Appellate Authority within four weeks.

What the court decided

AI extract

Outcome

Writ application disposed of with liberty to approach the District Teachers Appellate Authority within four weeks.

Issue for consideration

Whether the present writ application is maintainable given that the petitioner approached the Court without first exhausting the remedy of approaching the District Teachers Appellate Authority.

Detailed headnote1 paragraphs

Where an employment termination dispute involves specific appellate forums, such as the District Teachers Appellate Authority, the High Court may exercise restraint and dismiss the writ petition, requiring the aggrieved party to first exhaust the statutory remedy available under the applicable rules.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4652 of 2019

======================================================

Girija Kumari D/o Shri Bindeshwar Yadav, Resident of Village- Rampur Koni, P.S. Mehendia, Dist.- Arwal.

... ... Petitioner/s

Versus

The State of Bihar,

The District Magistrate, Arwal.

District Education Officer, Arwal.

The District Programme Officer (Establishment), Arwal.

The Block Education Officer, Dist.- Arwal.

The Head Master, Utkarsh Middle School, Sarverpur, Kaler, Dist.- Arwal.

... ... Respondent/s

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

For the Petitioner/s : Mr.Kulanand Jha For the Respondent/s : Mr.Kameshwar Kumar (Gp17) ======================================================

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

3 06-11-2023 1. Heard learned Counsel for the parties concerned.

The petitioner has filed the present writ application for quashing the order of termination of the services of the petitioner.

Learned Counsel for the State submits that the petitioner, without approaching the District Teachers Appellate Authority, has approached this Court.

In view of the fact that the petitioner has directly approached this Court without approaching the District Teachers Appellate Authority, this writ application is disposed with liberty to the petitioner to approach the

Patna High Court CWJC No.4652 of 2019(3) dt.06-11-2023 2/2

District Teachers Appellate Authority, Arwal, for redressal of her grievance.

It is made clear that if an appeal is filed by the petitioner within a period of four weeks from today, along with a petition for condonation of delay, the District Teachers Appellate Authority shall consider the same and pass a reasoned order in accordance with law.

(Anil Kumar Sinha, J.)

Prabhakar Anand/-

U √

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the present writ application is maintainable given that the petitioner approached the Court without first exhausting the remedy of approaching the District Teachers Appellate Authority.

Statutes considered

1 provisions across 1 enactments

AI extract

Civil Writ JurisdictionCivil Writ Jurisdiction

Parties & counsel

AI extract

petitioner
Girija Kumari D/o Shri Bindeshwar Yadav
respondent
The State of Bihar
respondent
The District Magistrate, Arwal
respondent
District Education Officer, Arwal
respondent
District Programme Officer (Establishment), Arwal
respondent
The Block Education Officer, Dist.- Arwal

Coram

AI extract

Anil Kumar Sinha

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 6 Nov 2023 · November
Registered: 7 Mar 2019
Case no.: CWJC/4652/2019
CNR: BRHC010138242019
Topic: Education and Admissions
Bench: Anil Kumar Sinha
Disposal: DISPOSED

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Cite this judgement

Girija Kumari v. The State of Bihar and Ors., CWJC/4652/2019 (PAT), decided on 6 November 2023.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Civil Writ JurisdictionCivil Writ Jurisdiction

View all statutes

Bench / Coram

Anil Kumar Sinha

Parties & counsel