Shashi Kumari v. The State of Bihar

Patna HC10 Dec 2024CWJC/12329/2023

Case brief

AI extract

What is this about?

Alternative statutory remedy; Rule 13 Bihar State School Teacher Rules 2020; District Appellate Authority; writ jurisdiction declined; Bihar School Examination Board marksheet verification letter 25.02.2021; Intermediate Certificate Roll Code-165 Roll No.30583 year 1991; resignation restraint; limitation leniency Article 226 Constitution; CWJC 12329 of 2023 Patna High Court; disposed 10-12-2024.

What did the court decide?

Liberty to the petitioner to file an application before the District Appellate Authority under Rule 13 of the Rules, 2020; the authority concerned directed to dispose of such application lawfully, after hearing parties, by a reasoned and speaking order expeditiously; limitation questions, if any, to be weighed in light of her pendency before this Court under Article 226. ¶¶36

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether this Court should adjudicate the petitioner's grievances (Board's verification communication dated 25.02.2021, production of Intermediate Certificate documents, restraint on finalising her resignation, alleged harassment) in its extra-ordinary writ jurisdiction, notwithstanding the respondents' preliminary objection that a statutory alternative remedy exists before the District Appellate Authority under Rule 13 of the Rules, 2020.

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Ratio / Principle

Since the petitioner has a 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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Key takeaways

The petitioner is granted liberty to file an application before the District Appellate Authority in accordance with law.ratio¶¶34
If such application is filed, the authority concerned is directed to dispose of it in accordance with law, after hearing the parties, by a reasoned and speaking order, as expeditiously as possible.ratio¶¶35
If any question of limitation arises before the District Appellate Authority, it shall be considered taking into consideration the fact that the petitioner was pursuing the issue before this Court under Article 226 of the Constitution of India.

Detailed headnote1 paragraphs

Patna High Court (Prabhat Kumar Singh, J.), CWJC No. 12329 of 2023, disposed on 10-12-2024. Petitioner Shashi Kumari had sought, inter alia, setting aside of the Bihar School Examination Board's communication dated 25.02.2021 enclosing the verification report of her mark sheet (Intermediate Certificate, Roll Code-165, Roll No. 30583, year 1991), production of the relevant certificate documents, restraint on any final decision regarding her resignation absent guilt in any departmental or criminal proceeding, and cessation of harassment. On the respondents' preliminary objection, the Court found that the petitioner has a statutory alternative remedy under Rule 13 of the Bihar State School Teacher (Appointment, Transfer, Disciplinary Proceedings and Service Conditions) Rules, 2020 to move the District Appellate Authority, and therefore declined to interfere in its extra-ordinary writ jurisdiction. Liberty was granted to file an application before the District Appellate Authority, which was directed to dispose of it lawfully, after hearing the parties, by a reasoned and speaking order as expeditiously as possible; any limitation issue arising there was to be considered in light of the petitioner's pursuit of the matter before this Court under Article 226 of the Constitution of India.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12329 of 2023

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Shashi Kumari Wife of Anil Kumar Singh Resident of Village- Pipra, P.S.Rupauli, District- Purnea.

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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 Additional Chief Secretary, Education Department, Government of Bihar, Patna.

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The Director, Primary Education, Government of Bihar, Patna.

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The District Magistrate, Purnea.

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The District Education Officer, Purnea.

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The District Programme Officer (Establishment), Purnea.

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The Block Education Officer, Rupauli, Purnea.

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The Selection Committee, Laxmipur Girdhar Panchayat, Rupauli, Purnea through the Panchayat Sachiv.

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The Bihar School Examination Board, Patna through the Chairman.

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The Controller of Examination, Bihar School Examination Board, Patna.

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... ... Respondent/s

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Appearance :

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For the Petitioner : Mr. Krishna Kant Singh, Advocate For the State : Ms. Binita Singh, SC-28 For the B.S.E.B. : Mr. Ajay, Advocate

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====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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2 10-12-2024 Heard learned counsels for the parties.

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The present writ application has been filed for the

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following reliefs:-

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“(i) To hold that the communication of the Board vide its letter dated 25.02.2021 verification enclosing report of the the mark sheet so far as it relates to the petitioner is illegal and fit to be set aside.

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(ii) For directing the concerned respondent authorities especially the Bihar School Examination Board, Patna

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Patna High Court CWJC No.12329 of 2023(2) dt.10-12-2024 2/3

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(henceforth referred to as Board) to produce the relevant documents with respect Intermediate Certificate to of the the petitioner relating to Roll Code- 165, Roll No.30583, year 1991.

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(iii) For further restraining concerned respondent authorities from taking any final decision on the resignation of the petitioner as till date she has not been held guilty in any departmental proceeding or criminal proceeding.

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(iv) For directing the concerned respondent authority not to harass the petitioner.

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(v) For other necessary relief/reliefs to which the petitioner may be found entitled in the facts of the case.”

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At the outset, learned counsels appearing on behalf of the respondents raise preliminary objection to the effect that an alternative statutory remedy is available to the petitioner to 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 petitioner has 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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Patna High Court CWJC No.12329 of 2023(2) dt.10-12-2024 3/3

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In view of the aforesaid facts and circumstances, petitioner is granted liberty 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 petitioner, 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 the petitioner was 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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Shashi Kumari v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Shashi Kumari v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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What the court decided

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