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Patna High CourtCWJC/1626/2020disposed

Puja Kumari, v. The State Of Bihar

2020-02-18Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1626 of 2020 ====================================================== Puja Kumari, W/o Manikant Upadhya, R/o Moll Takurwadi, P.S. Motihari Town, District East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through Secretary, Education Department, Government of Bihar.

2.

The District Magistrate Motihari E. Champaran. 3.

The District Programme Officer, Motihari E. Champaran. 4.

The District Superintendent of Education at Motihari E. Champaran. 5.

The Block Education Officer, Chhardano, Dist-E. Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bal Govind Sharma For the Respondent/s :

Mr.Madanjeet Kumar (Gp20) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 18-02-2020 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner has filed the present application for a direction to the respondents to appoint her as In-charge Headmaster in the Primary and Middle school, Government of Bihar.

There is no post of regular In-charge Headmaster and by way of convenience senior most teacher are posted as Incharge Headmaster in the concerned school. The issue whether the petitioner is senior most teacher or not is the questions of fact which cannot be decided in the present proceeding,

Patna High Court CWJC No.1626 of 2020(2) dt.18-02-2020 2/2 accordingly, the writ petition is disposed of with liberty to the petitioner to approach the District Programme Officer (Establishment), Motihari, East Champaran who shall under obligation to decide the claim of the petitioner and if it is found that the petitioner is the senior most teacher in the school in question he shall take steps for posting of the petitioner in the school in question if he is otherwise not under disqualification for holding the post of In-charge Headmaster. Necessary decision in this regard may be taken by the respondents within a period of sixty days from the date of receipt/production of a copy of this order.

With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U