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Rekha Kumari v. The State Of Bihar and Ors.

Patna HC11 Sept 2025CWJC/8771/2017

Case brief

AI extract

What is this about?

Bihar; Block Teacher termination memo no. 268 dt. 15.04.2017; appointment in Hindi subject despite Social Science qualification; Block Employment Unit, Baniyapur, Saran at Chapra; alternative remedy not availed — District Appellate Authority / State Appellate Authority; writ disposed with liberty to appeal; condonation of delay within one month; disposal preferably within six months; distinguished CWJC No. 8387 of 2017 (order dt. 08.05.2018; Appeal No. 42 of 2017); Rekha Kumari v. State of Bihar; Patna High Court; Anil Kumar Sinha, J.

What did the court decide?

Liberty to the petitioner to file an appeal before the concerned District Appellate Authority; an appeal filed within one month with a condonation-of-delay petition is to be considered and disposed of in accordance with law, preferably within six months. ¶35

Rekha Kumari Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the writ application should be entertained, given that the petitioner approached this Court directly without first availing the remedies before the District Appellate Authority and the State Appellate Authority. +1 more

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Court's answer

Unlike the present petitioner, the applicant in CWJC No. 8387 of 2017 had challenged the impugned order dated 15.04.2017 before the State Appellate Authority in Appeal No. 42 of 2017 before coming to this Court; that precedental order was therefore not on the same footing.

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Ratio / Principle

The petitioner admittedly approached this Court without availing the remedy before the District Appellate Authority as well as the State Appellate Authority.

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Key takeaways

The writ application is disposed with liberty to the petitioner to file an appeal before the concerned District Appellate Authority.ratio¶35
If an appeal is filed within one month from the date of this order, together with a condonation-of-delay petition, the District Appellate Authority shall consider it.ratio¶36
The District Appellate Authority shall dispose of such appeal in accordance with law within a reasonable time frame, preferably within a period of six months.

Detailed headnote1 paragraphs

PATNA HIGH COURT (Anil Kumar Sinha, J.), CWJC No.8771 of 2017, decided 11-09-2025. A Block Teacher of Urdu Upgraded Middle School, Suggi Miyan Ka Tola, Harpur, Block Baniyapur, District Saran at Chapra, terminated by memo no. 268 dated 15.04.2017 of the Executive Officer-cum-Block Development Officer, Baniyapur, on the ground that though her qualification was in Social Science she had been appointed by the Employment Unit in Hindi, sought quashing of the memo directly before this Court. The Court recorded that she had admittedly not availed the remedies before the District Appellate Authority or the State Appellate Authority, and distinguished the Co-ordinate Bench disposal in CWJC No. 8387 of 2017 (order dated 08.05.2018, wherein the Block Teachers Employment Unit's meeting order of 15.04.2017 was quashed), because that petitioner had first challenged the impugned order before the State Appellate Authority in Appeal No. 42 of 2017. The writ application was disposed with liberty to appeal to the District Appellate Authority, with a direction that an appeal filed within one month along with a condonation-of-delay petition be considered and disposed in accordance with law, preferably within six months. Merits of the termination were left to the appellate authority.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8771 of 2017

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Rekha Kumari Wife of Pranav Kumar, Resident of Village- Pithouri, Police Station- Baniyapur, District- Saran at Chapra, then Block Teacher in Urdu Upgraded Middle School, Suggi Miyan Ka Tola, Harpur, Block- Baniyapur, District- Saran at Chapra.

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... ... Petitioner/s

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Versus

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The State Of Bihar

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The Principal Secretary, HRD, Govt. of Bihar, Patna.

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

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The Dy. Director, Primary Education, Govt. of Bihar, Patna.

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The Regional Dy. Director Education Saran, Division, Saran at Chapra.

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The District Education Officer, Saran at Chapra.

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The District Programme Officer Establishment, Saran at Chapra.

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The Prakhand Pramukh-cum-Chairman, Baniyapur, Block Employment Unit, Baniyapur, Saran at Chapra.

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The Block Development Officer-cum-Secretary, Block Employment Unit, Baniyapur, Saran at Chapra.

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The Block Education Officer- Cum-Member, Baniyapur Block Employment Unit, Baniyapur, Saran at Chapr

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The Block Education Officer-02-cum-Member, Baniyapur Block Employment Unit, Baniyapur, Saran at Cha

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The Headmaster, Urdu Upgraded Middle School, Suggi Miyan Ka Tola, Harpur, Block- Baniyapur, Distric

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Ram Binod Singh For the State : Mr. Ram Vinay Pd. Singh, AC to GA-12 ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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2 11-09-2025

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1. Heard learned counsel for the parties concerned.

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2. The petitioner has filed the present writ application

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Patna High Court CWJC No.8771 of 2017(2) dt.11-09-2025 2/4

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for quashing the memo no. 268, dated 15.04.2017, issued by the Executive Officer-cum-Block Development Officer, Baniyapur, Saran, whereby, the petitioner has been terminated from the post of Block Teacher on the ground that the petitioner was having qualification in Social Science, but she was appointed by the Employment Unit in Hindi subject.

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3. Learned counsel for the State submits that the petitioner, without availing the remedy before the District Appellate Authority, has directly approached this Court by way of present writ application.

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4. In reply, learned counsel for the petitioner submits that some candidates of the same district came before this Court in CWJC No. 8387 of 2017, which was disposed by the order, dated 08.05.2018, passed by a Co-ordinate Bench of this Court, wherein, the impugned order of the Block Teachers Employment Unit, Baniapur, Saran, passed in its meeting dated 15.04.2017, was quashed.

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5. I have heard learned counsel for the parties and have gone through the materials available on records.

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6. It appears that the petitioner was appointed by the Employment Unit in different subject for which the petitioner was not having qualification and as per own case of the

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Patna High Court CWJC No.8771 of 2017(2) dt.11-09-2025 3/4

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petitioner, the petitioner was having qualification of Social Science, but she was appointed as teacher in Hindi subject.

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7. The order passed in the writ application, bearing CWJC No. 8387 of 2017, relied upon and argued by the petitioner that the termination letter of other teachers of the same district was interferred by a Co-ordinate Bench of this Court, however, from perusal of the order, dated 08.05.2018, it appears that the writ petition was filed after challenging the impugned order, dated 15.04.2017, before the State Appellate Authority in Appeal No. 42 of 2017.

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8. Admittedly, in the present case, the petitioner has approached this Court without availing the remedy before District Appellate Authority as well as State Appellate Authority.

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9. Accordingly, this writ application is disposed with liberty to the petitioner to file an appeal before the concerned District Appellate Authority.

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10. It is made clear that if an appeal is filed within one month from today, with condonation of delay petition, the District Appellate Authority shall consider the same and shall dispose the appeal in accordance with law, within a reasonable time frame preferably within a period of six months.

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Patna High Court CWJC No.8771 of 2017(2) dt.11-09-2025 4/4

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11. With the aforesaid observations and directions,

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this writ application is diposed.

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(Anil Kumar Sinha, J)

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ashwani/-

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