Surendra Prasad Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Surendra Prasad Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to file an Appeal before the District Appellate Authority within one month from the order along with a condonation of delay petition; any such Appeal to be disposed of in accordance with law by the District Appellate Authority preferably within six months thereafter.

Issue for consideration

Whether the order dated 05.01.2024 in C.W.J.C. No. 17287 of 2019, giving the petitioner liberty to approach the District Teachers Appellate Authority, requires review or modification, in view of the fact that Rule 12 of the Elementary School Teachers Rules, 2023 has been struck down by a Division Bench of this court.

Court's answer

Taking into consideration that Rule 12 of the Elementary School Teachers Rules, 2023 has already been struck down by a Division Bench of this court, the order under review dated 05.01.2024 need not be reviewed / modified.

Ratio / Principle

The review application is disposed of with liberty to the petitioner to file an Appeal before the District Appellate Authority within one month along with a condonation of delay petition; if so filed, the Appeal shall be disposed of in accordance with law by the District Appellate Authority preferably within six months thereafter.

Detailed headnote1 paragraphs

Civil Review No.109 of 2024 (arising in C.W.J.C. No. 17287 of 2019), Patna High Court, Anil Kumar Sinha, J (18-10-2024): Petitioner Surendra Prasad sought review / modification of the order dated 05.01.2024, which had given him liberty to approach the District Teachers Appellate Authority, arguing that a State Government notification dated 26.12.2023, issued in light of Rule 12 of the Bihar School Special Teachers Niyamawali, 2023, had barred fresh Appeals and that this could not be brought to the court's notice earlier. The State pointed out that a Division Bench of the High Court in C.W.J.C. No. 1942 of 2024 (Pramod Kumar Yadav versus The State of Bihar) has struck down Rule 12 of the Elementary School Teachers Rules, 2023, after which Appeals can again be entertained. Holding that Rule 12 having been struck down the order under review need not be reviewed or modified, the court disposed of the application with liberty to file an Appeal before the District Appellate Authority within one month together with a condonation of delay petition, such Appeal to be dealt with in accordance with law preferably within six months thereafter.

IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL REVIEW No.109 of 2024

In

Civil Writ Jurisdiction Case No.17287 of 2019

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

Surendra Prasad son of Sri Prajapati, resident of Village-Hichha, P.S.-Konch, District-Gaya.

... ... Petitioner/s

Versus

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

The District Magistrate, Gaya.

The District Education Officer, Gaya.

The District Programme Officer, Gaya.

The Block Education Officer, Konch, Gaya.

The Mukhiya, Simara, Simara Panchayati Raj, Konch, Gaya.

The Panchayat Secretary, Simara Panchayat Raj, Konch, Gaya.

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Satish Kumar Sinha For the Opposite Party/s : Mr.Additional Advocate General 13 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

3 18-10-2024 1. The petitioner has filed the present review application for modification / review of the order dated 05.01.2024 passed in C.W.J.C. No. 17287 of 2019 by which the petitioner was given liberty to approach the District Teachers Appellate Authority for redressal of his grievance.

Learned counsel for the petitioner submits that before the

order under review was passed, the notification of the State Government dated 26.12.2023 was issued by which the District / State Appellate Authority was directed not to accept

Patna High Court C. REV. No.109 of 2024(3) dt.18-10-2024 2/3

any fresh Appeal in the light of Rule 12 of the Bihar School Special Teachers Niyamawali, 2023. Despite due diligence, the petitioner could not bring it to the notice of this court at the time of passing of the order under review.

On the other hand, learned counsel for the State submits that a Division Bench of this court in the judgment passed in C.W.J.C. No. 1942 of 2024 (Pramod Kumar Yadav versus The State of Bihar) has struck down Rule 12 of the Elementary School Teachers Rules, 2023. After Division Bench judgment an Appeal can be entertained by the District Teachers Appellate Authority.

Having heard learned counsel for the parties and taking into consideration the fact that Rule 12 of the Elementary School Teachers Rules, 2023 has already been struck down by a Division Bench of this court, the order under review dated 05.01.2024 need not be reviewed / modified.

This application is accordingly disposed with liberty to the petitioner to file Appeal before the District Appellate Authority within a period of one month from today along with condonation of delay petition. If any such Appeal is filed along with condonation of delay petition within the aforesaid time frame, the same shall be disposed of in accordance with law by

Patna High Court C. REV. No.109 of 2024(3) dt.18-10-2024 3/3

the District Appellate Authority preferably within a period of six months thereafter.

(Anil Kumar Sinha, J)

praful/-

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