Disposed¶31

Laxmi Rani Pandey v. The State of Bihar

Patna HC5 May 2025CWJC/5745/2020

Case brief

AI extract

What is this about?

Bihar; Patna High Court; CWJC No. 5745 of 2020; Laxmi Rani Pandey v. State of Bihar; State Appellate Authority quorum; Rule 4(3); Bihar State School Teachers and Employees Disputes Redressal Rules, 2015; Appeal No. 273 of 2019; order dated 24.01.2020 quashed; panchayat teacher appointment appeal; Siwan; Nautan block; relies on CWJC No. 17508 of 2021 (Pradip Kumar Yadav & Ors., judgment dated 17.04.2025); remand to State Appellate Authority for expeditious disposal; writ petition disposed of on 05-05-2025.

What did the court decide?

Setting aside and quashing of the order dated 24.01.2020 passed by the Chairperson of the State Appellate Authority in Appeal No. 273 of 2019 (Annexure 19), and remittal of the appeal to the State Appellate Authority for expeditious disposal in accordance with law, uninfluenced by the quashed order. ¶31

Laxmi Rani Pandey Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the order dated 24.01.2020 passed by the Chairperson of the State Appellate Authority in Appeal No. 273 of 2019 is liable to be set aside and quashed on the ground of non-fulfillment of the quorum of the State Appellate Authority as per Rule 4(3) of the Bihar State School Teachers and Employees Disputes Redressal Rules, 2015, and whether the appeal should be remitted for fresh disposal.

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Court's answer

The impugned order dated 24.01.2020 passed by the Chairperson of the State Appellate Authority in Appeal No. 273 of 2019 is set aside and quashed, in light of the judgment dated 17.04.2025 passed in CWJC No. 17508 of 2021 (Pradip Kumar Yadav & Ors. v. The State of Bihar & Ors.), on the ground of non-fulfillment of the quorum of the State Appellate Authority under Rule 4(3) of the Bihar State School Teachers and Employees Disputes Redressal Rules, 2015.

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Ratio / Principle

The matter (Appeal No. 273 of 2019) is remitted back to the State Appellate Authority; the Chairman of the State Appellate Authority having jurisdiction must ensure expeditious disposal of the appeal in accordance with law, without being prejudiced by the order dated 24.01.2020 passed in that appeal (Annexure 19).

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Detailed headnote1 paragraphs

PATNA HIGH COURT (Purnendu Singh, J.) | CWJC No. 5745 of 2020, decided 05-05-2025 | Laxmi Rani Pandey v. State of Bihar & ors. — Writ petition disposed of in terms of the judgment dated 17.04.2025 in CWJC No. 17508 of 2021 (Pradip Kumar Yadav & Ors. v. The State of Bihar & Ors.). Order dated 24.01.2020 passed by the Chairperson of the State Appellate Authority in Appeal No. 273 of 2019 (Annexure 19) set aside and quashed on the ground of non-fulfillment of the quorum of the State Appellate Authority as per Rule 4(3) of the Bihar State School Teachers and Employees Disputes Redressal Rules, 2015; matter remitted to the State Appellate Authority, whose Chairman must dispose of the appeal expeditiously in accordance with law without being prejudiced by the quashed order.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5745 of 2020

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Laxmi Rani Pandey Daughter of Sri Kailash Pandey and wife of Sri Om Prakash Pandey, resident of Village and P.O.- Sheopur Sakara (Shakra), P.S.Asawn, District- Siwan, Pin code- 441245.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Education, Government of Bihar, Patna

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The Director, Primary Education, Bihar Patna.

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The District Magistrate, Siwan.

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The District Education Officer, Siwan.

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The District Programme officer (Primary Education), Siwan

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The State Appellate Authority, Education Department Bihar, Patna.

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The District Teachers Appointment Appellate Authority, Siwan.

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The Block Development Officer, Nautan, District- Siwan.

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The Block Education Officer, Nautan, District- Siwan.

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The Head Master, New Primary School, Rahimpur Block Nautan DistrictSiwan.

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The Mukhia, Cum President, Panchayat Teachers Appointment Unit Gram Panchayat Raj Semariya Block Nautan District- Siwan.

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The Panchayat Secretary, Teachers Appointment Unit, Gram Panchyat Raj Semariya Block- Nautan, District-Siwan.

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Smt. Kumari Ranjana, wife of Sri Osihar Roy, resident of Village- Gambhirpur, P.O.- Mirjapur, P.S.- Nautan, District- Siwan.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr.Bharat Lal, Advocate. For the State : Mr. Madanjeet Kumar, GP-20. Mr. Rajeev Ranjan, AC to GP-20. For resp. no.13 : Mr. Amit Shrivastava, Sr. Advocate. Mr. Tripurari Nath Ambashtha, Advocate. Mr. Girish Pandey, Advocate.

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

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11 05-05-2025 Heard learned counsel appearing on behalf of the petitioner and learned counsel for the respondents.

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At the outset, learned counsel appearing on behalf

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of petitioner submits that the present writ petition is squarely covered by the judgment dated 17.04.2025 passed in CWJC

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Patna High Court CWJC No.5745 of 2020(11) dt.05-05-2025 2/2

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No. 17508 of 2021 (Pradip Kumar Yadav & Ors. Vs. The State of Bihar & Ors.) and the same may be disposed of in light of the aforesaid case, wherein the order passed by the State Appellate Authority was set aside and quashed on the ground of non-fulfillment of quorum of the State Appellate Authority as per Rule 4(3) of the Bihar State School Teachers and Employees Disputes Redressal Rules, 2015.

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Considering the aforesaid submission made on behalf of the petitioner, the impugned order dated 24.01.2020 passed by the Chairperson of the State Appellate Authority in Appeal No. 273 of 2019 is hereby set-aside and quashed in light of the judgment dated 17.04.2025 passed in CWJC No. 17508 of 2021.

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The matter is remitted back to the State Appellate Authority. The Chairman of the State Appellate Authority having jurisdiction must ensure to dispose of the appeal expeditiously, in accordance with law without being prejudiced by the order dated 24.01.2020 passed by the State Appellate Authority in Appeal No.273 of 2019 (Annexure 19).

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Accordingly, the present writ petition stands disposed of.

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(Purnendu Singh, J)

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mantreshwar/- U

Laxmi Rani Pandey v. The State of Bihar

Case brief

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Laxmi Rani Pandey v. The State of Bihar

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