Disposed¶27

Deepak Kumar v. The State of Bihar

Patna HC9 Dec 2024CWJC/11594/2023

Case brief

AI extract

What is this about?

Patna High Court CWJC No.11594 of 2023, decided 09-12-2024 by Justice Prabhat Kumar Singh. Writ petition by Deepak Kumar and Vijay Kumar seeking appointment letters as Secondary Teachers (Social Science, E.B.C. category, Darbhanga) dismissed from interference and disposed of on the ground of alternative statutory remedy under Section 13 / Rule 13 of the Bihar State School Teacher (Appointment, Transfer, Disciplinary Proceedings and Service Conditions) Rules, 2020; petitioners directed to the District Appellate Authority; limitation to be judged considering their pursuit of the writ under Article 226 Constitution of India.

What did the court decide?

No substantive relief granted; writ application disposed of with directions to the petitioners to approach the District Appellate Authority under Rule 13 of the Rules, 2020. ¶27

Deepak Kumar Vs The State of Bihar — Writ and Judicial Review | Patna HC (2024)

What the court decided

AI extract

Outcome

No substantive relief granted; writ application disposed of with directions to the petitioners to approach the District Appellate Authority under Rule 13 of the Rules, 2020.

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Issue for consideration

Whether the writ petition should be entertained despite the availability of an alternative statutory remedy to the petitioners before the District Appellate Authority under Section 13 / Rule 13 of the Bihar State School Teacher (Appointment, Transfer, Disciplinary Proceedings and Service Conditions) Rules, 2020.

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Court's answer

Since the petitioners have a statutory alternative remedy to move before the District Appellate Authority under Rule 13 of the Rules, 2020, the Court declined to interfere in the matter in its extraordinary writ jurisdiction.

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Ratio / Principle

The petitioners were directed to file an application before the District Appellate Authority in accordance with law.

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Key takeaways

Upon such application being filed, the District Appellate Authority is to dispose of it, after hearing the parties, by a reasoned and speaking order, as expeditiously as possible.ratio¶26
If any question of limitation arises before the District Appellate Authority, it shall be considered taking into account that the petitioners were pursuing the issue before this Court under Article 226 of the Constitution of India.obiter¶30

Detailed headnote1 paragraphs

Alternative remedy - Petitioners sought appointment letters as Secondary Teachers (Social Science) in Darbhanga district in E.B.C. category - State raised preliminary objection that a statutory remedy exists under Section 13 of the Bihar State School Teacher (Appointment, Transfer, Disciplinary Proceedings and Service Conditions) Rules, 2020 before the District Appellate Authority - Holding that the petitioners had a statutory alternative remedy under Rule 13 of the Rules, 2020, the Court declined to interfere in its extraordinary writ jurisdiction and disposed of the writ application with directions to the petitioners to apply to the District Appelliate Authority; the Authority to decide after hearing the parties by a reasoned and speaking order expeditiously; any question of limitation to be considered in light of the petitioners having pursued the writ under Article 226 of the Constitution.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11594 of 2023

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

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Deepak Kumar Son of Kishori Rout, Resident of Village- Sirhulli, Police Station- Kamtaul, District- Darbhanga.

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Vijay Kumar Son of Sukhdeo Mandal, Resident of Village- Marar Uttari, Ward No. 15, Near High School, P.S.- Morkhi, District- Khagaria.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Additional Chief Secretary, Education Department, Government of Bihar, Patna.

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The Director, Secondary Education, Bihar, Patna.

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The District Magistrate, Darbhanga.

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The Deputy Development Commissioner cum Executive Officer, Zila Parishad, Niyojan Unit, Darbhanga.

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The Chairman, Zila Parishad, Darbhanga.

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The Chief Executive Officer, Zila Parishad Teacher Niyojan Unit, Darbhanga.

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The District Programme Officer (Establishment) cum Member Niyojan Unit, Darbhanga.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioners : Mr. Manoj Kumar, Advocate For the State : Mr. Jitendra Kr. Roy 1, SC-13 ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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2 09-12-2024 Heard learned counsel for the parties.

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The present writ application has been filed for

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commanding the respondents to issue appointment letters to the petitioners as Secondary Teacher in Social Science subject in the district of Darbhanga in E.B.C. category.

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At the outset, learned counsel appearing on behalf

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of the State raises preliminary objection to the effect that an alternative Statutory remedy is available to the petitioners to

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Patna High Court CWJC No.11594 of 2023(2) dt.09-12-2024 2/3

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move before the District Appellate Authority by way of filing appropriate application under Section 13 of Bihar State School Teacher (Appointment, Transfer, Disciplinary Proceedings and Service Conditions) Rules, 2020 (hereinafter referred as “Rules, 2020”), which deals with the power and functions of the District Appellate Authority.

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Since the petitioners have got statutory alternative remedy to move before the District Appellate Authority under Rule 13 of the Rules 2020, this Court is not inclined to interfere in the matter in its extra-ordinary writ jurisdiction.

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In view of the aforesaid facts and circumstances, petitioners are directed to file an application before the District Appellate Authority in accordance with law.

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In the event, such application is filed by the petitioners, the authority concerned is directed to dispose of the same, in accordance with law, after hearing the parties, by a reasoned and speaking order, as expeditiously as possible.

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With the aforesaid observations and directions, this writ application stands disposed of.

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It goes without saying that if any question of limitation arises before the District Appellate Authority, the same shall be considered, taking into consideration the fact that

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Patna High Court CWJC No.11594 of 2023(2) dt.09-12-2024 3/3

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the petitioners were pursuing the issue before this Court under Article 226 of the Constitution of India.

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(Prabhat Kumar Singh, J)

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shashank/-

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Deepak Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Deepak Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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