Disposed¶¶4

Rubi Kumari v. The State of Bihar

Patna HC19 Jun 2025CWJC/9370/2025

Case brief

AI extract

What is this about?

Rubi Kumari v. The State of Bihar & others, Patna High Court, Civil Writ Jurisdiction Case No.9370 of 2025, decided 19-06-2025 by Anil Kumar Sinha, J. Keywords: Panchayat Teacher termination; forged and fabricated training certificate; District Teachers Appellate Authority; alternate remedy / avail statutory remedy before writ; condonation of delay petition; disposal of writ petition with liberty to appeal; six-month timeline for appellate authority; Gaya; Mohda block; education department Bihar.

What did the court decide?

Liberty to the petitioner to file appeal before the District Teachers Appellate Authority, Gaya within one month from the date of the order, along with a condonation of delay petition; the Authority is expected to consider the appeal on its own merit and decide expeditiously, preferably within six months. ¶¶4

Rubi Kumari Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶4

Issue for consideration

Whether the petitioner, who challenged her termination as Panchayat Teacher on the ground that her training certificate was found forged and fabricated on verification, should be redirected to seek redressal before the District Teachers Appellate Authority, Gaya, instead of pursuing a direct writ petition. +1 more

¶¶4

Court's answer

The writ application is disposed of with liberty to the petitioner to file appeal before the District Teachers Appellate Authority, Gaya.

¶¶4

Ratio / Principle

Such appeal is to be filed within a period of one month, accompanied by a condonation of delay petition.

¶¶4

Key takeaways

It is expected that the District Teachers Appellate Authority, Gaya shall consider such appeal on its own merit and decide the matter expeditiously, preferably within a period of six months.ratio¶¶4

Detailed headnote1 paragraphs

Panchayat Teacher's writ petition against order of termination dated 30.10.2023 passed by the Panchayat Secretary cum Member Secretary, Panchayat Planning Committee, Gram Panchayat Raj Jethian, Block- Mohda, District: Gaya — termination was on the ground that the training certificate produced by the petitioner was found forged and fabricated on verification. State counsel stated that the District Teachers Appellate Authority has been constituted under the Rules and is functional, and that the petitioner approached the High Court without availing that remedy. Held: writ application disposed with liberty to file appeal before the District Teachers Appellate Authority, Gaya; appeal filed within one month along with condonation of delay petition to be considered on its own merit, with an expectation that the Authority decide expeditiously, preferably within six months.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9370 of 2025

¶2

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

¶3

Rubi Kumari Wife of Sudhir Kumar Suman, Resident of Village Malti, P.O.Dariyapur, P.S.- Atiri, District- Gaya.

¶4

... ... Petitioner/s

¶5

Versus

¶6

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

¶7

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

¶8

The District Magistrate, Gaya.

¶9

The District Education Officer, Gaya.

¶10

The District Programme Officer, (Establishment), Gaya.

¶11

The Block Education Officer Mohra, Gaya.

¶12

The Panchayat Secretary-cum-Member Secretary, Panchayat Planning Committee Gram Panchayat Raj, Jethian, Mohda, Gaya.

¶13

The Head Master, Primary School, Raj Bigha, Gram Panchayat Raj, Jethian, Mohda Gaya.

¶14

... ... Respondent/s

¶15

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

¶16

Appearance : For the Petitioner/s : Mr.Sanjay Kumar Pandey For the Respondent/s : Mr.Standing Counsel (6) ======================================================

¶17

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

¶18

2 19-06-2025

¶19

The petitioner has approached this court against the order of termination dated 30.10.2023 passed by Panchayat Secretary cum Member Secretary, Panchayat Planning Committee, Gram Panchayat Raj Jethian, Block- Mohda, District: Gaya.

¶20

The termination of the petitioner’s services as Panchayat Teacher has been done on the ground that training certificate produced by the petitioner was found forged and fabricated on verification.

¶21

Patna High Court CWJC No.9370 of 2025(2) dt.19-06-2025 2/2

¶22

Learned counsel for the State submits that District Teachers Appellate Authority has been constituted under the Rules for hearing the grievances of the teachers and the same is functional. The petitioner has directly approached this Court without availing remedy before the District Teachers Appellate Authority.

¶23

Considering the aforesaid submissions, this writ application is disposed with liberty to the petitioner to file appeal before the District Teachers Appellate Authority, Gaya. If such appeal is filed within a period of one month from today along with condonation of delay petition, it is expected that the District Teachers Appellate Authority, Gaya shall consider the same on its own merit and shall decide the matter expeditiously preferably within a period of six months thereafter.

¶24

(Anil Kumar Sinha, J)

¶25

praful/-

¶26

Rubi Kumari v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rubi Kumari v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Umakant Roy Vs The State of Bihar

Kishori Mahto Vs The State of Bihar

Ramanuj Kumar Vs The State of Bihar

Brajendra Narayan Singh Vs The Veer Kunwar Singh University

Praveen Kumar Vs The State of Bihar

Niku Kumari @ Niku Devi Vs The State of Bihar