Md. Ehsanul Haque @ Ehasanul Haque @ Md. Ahsanul Haque v. The State of Bihar
Case brief
What is this about?
Patna High Court (Prabhat Kumar Singh, J., 17-12-2024) disposed of a terminated teacher's writ petition (CWJC 16019/2023) solely on the ground of an available statutory alternative remedy under Rule 13 / Section 13 of the Bihar State School Teacher (Appointment, Transfer, Disciplinary Proceedings and Service Conditions) Rules, 2020, granting liberty to seek redress before the District Appellate Authority (reasoned and speaking order, expedited disposal) and directing lenient treatment of any limitation question in view of the petitioner's prior pursuit under Article 226. Keywords: alternative statutory remedy; Rule 13; District Appellate Authority; Bihar State School Teacher Rules 2020; termination of teacher; Memo No. 124 dated 18.05.2023; D.El.Ed. Session 2017-19 Subject Code 511; NIOS; Article 226 Constitution of India; writ jurisdiction not exercised; disposed of.
What did the court decide?
No quashing, reinstatement or re-evaluation granted. Petitioner given liberty to file an application before the District Appellate Authority under Rule 13 of the Rules, 2020; that authority directed to dispose of the application in accordance with law, after hearing the parties, by a reasoned and speaking order, expeditiously; any question of limitation to be considered in light of the petitioner's pursuit of the matter before this Court under Article 226 of the Constitution of India.