Disposed

Meera Kumari v. The State of Bihar

Patna HC11 Dec 2024CWJC/12955/2023

Case brief

AI extract

What is this about?

The Patna High Court declined to exercise extraordinary writ jurisdiction because the petitioner had an alternative statutory remedy under the Bihar State Teaching Institutions Rules, 2020. The court directed the petitioner to approach the State Appellate Authority and disposed of the petition with observations on limitation.

What did the court decide?

Petition disposed of; directed to seek remedy before State Appellate Authority under Rule 14(c) of Rules 2020.

Meera Kumari Vs The State of Bihar — Service and Employment | Patna HC (2024)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12955 of 2023

¶2

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

¶3

Meera Kumari Daughter of Dinanath Sharma, Wife of Surendra Kumar Resident of Village and P.O.- Chavrahi, P.S.- Piro, District- Bhojpur at Ara.

¶4

... ... Petitioner/s

¶5

Versus

¶6

The State of Bihar through the Principal Secretary, Education Department, Govt. of Bihar, Patna.

¶7

The District Magistrate, Bhojpur at Ara.

¶8

The District Education Officer, Bhojpur at Ara.

¶9

The District Programme Officer/Establishment, Bhojpur at Ara.

¶10

The Block Development Officer (B.D.O.), Piro, District- Bhojpur at Ara.

¶11

¶12

The Block Education Officer, Block- Piro, Bhojpur at Ara.

¶13

The Panchayat Secretary, Panchayat Jamnaon, Block- Piro, DistrictBhojpur.

¶14

The Sangeeta Kumari, Teacher, Primary School, Harizen Toli, Block Jamnaon, Block- Piro, District- Bhojpur at Ara.

¶15

... ... Respondent/s

¶16

====================================================== Appearance : For the Petitioner/s : Mr.Malti Kumari For the Respondent/s : Mr.Prabhakar Jha ( Gp 27 ) ======================================================

¶17

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

¶18

2 11-12-2024 Heard learned counsel for the petitioner and learned

¶19

counsel for the respondent/State.

¶20

This writ petition has been filed for following

¶21

reliefs:-

¶22

“i) That the writ in the nature of Certiorari be issued for setting aside the illegal, improper incorrect and unconstitutional order dated 25-03-2019 passed in case No. 07/2018 by the District Teachers Appellate Authority Bhojpur (Ara) Contained in Annexure 5 Where by and where under the case of the petitioner has been rejected without considering the substantial questions of law and grounds raised before him.

¶23

Patna High Court CWJC No.12955 of 2023(2) dt.11-12-2024 2/3

¶24

(ii) That the Respondents be directed to appoint that petitioner on the post of Primary Teacher place on of Private Respondent No. 8 because the certificate of Intermediate, Respondent No. Institution, which of 8 is the of Private a fake is not present in the list of valid institutes of India or Bihar.

¶25

(iii) That the Respondents be also directed to pay the error salaries to the petitioner, from the date of fake appointment of Private Respondent No.8, whose inter degree is fake and is of fake institute.

¶26

(iv) That the Respondents directed to appoint this be also petitioner with full arrears, current consequential benefits. and

¶27

(v) That any other relief or reliefs may kindly be granted in favour of the petitioner as it may be deemed fit and proper to the facts and circumstances of this case.

¶28

At the outset, learned counsel for the State raises preliminary objection on the maintainability of writ petition and submits that writ petition has been filed against the order of District Appellate Authority, for which petitioner has got alternative statutory remedy to file appeal before the State Appellate Authority under Rule 14(c) of the Bihar State Teaching Institutions Teachers and Employees (Disputes Redressal and Appeal) Rules, 2020 (for short “Rules 2020”), which reads as follows:

¶29

“ 14 (c) The Authority shall hear the appeal

¶30

Patna High Court CWJC No.12955 of 2023(2) dt.11-12-2024 3/3

¶31

against the decisions of District Appellate Authority.”

¶32

Since the petitioner has got statutory alternative

¶33

remedy to move before the State Appellate Authority under Rule 14(c) of the Rules 2020, this Court is not inclined to interfere in the matter in its extra-ordinary writ jurisdiction and directs the petitioner to seek remedy before the State Appellate Authority.

¶34

Needless to state here that the issue of limitation, if any, arises, the same may be considered, as the petitioner was pursuing the matter before this Court.

¶35

With above observation and direction, the writ petition stands disposed of.

¶36

(Prabhat Kumar Singh, J)

¶37

Prakash/-

¶38

Meera Kumari v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Meera Kumari v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Om Prakash Patwa Vs The State of Bihar

Dhanji Sah Vs The State of Bihar

Shashi Kumari Vs The State of Bihar

Md Nurul Hoda Vs The State of Bihar

Rakesh Kumar Sharma Vs The State of Bihar

Bhola Manjhi Vs The State of Bihar