Sandeep Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1249 of 2022 ====================================================== 1.

Sandeep Kumar Rai Son of Mahendra Pratap Singh Resident of Village- Mai Hardopatti, P.O.- Bahari, P.S.- Chauri Bazar, District- Sant Ravidas Nagar (Bhadohi) U.P.

2.

Ramesh Son of Kedar Resident of Village- Mandidullah, P.O.- Mohammadabad Sipah, P.S.- Doharighat, District- Mau (U.P.). 3.

Diwakar Kumar Son of Late Ram Babu Prasad Singh Resident of Village and P.O.- Dunhi, P.S.- Garhpura, District- Begusarai. 4.

Ranjeet Kumar Nirala Son of Narendra Prasad Resident of Village- Bhauar, P.O.- Birnama, P.S.- Kashichak, District- Nawada. 5.

Manoj Kumar Maurya Son of Ram Sharan Maurya Resident of VillageChhatevi, P.S.- Mirzamurad, District- Vaishali. 6.

Sanjay Singh Son of Ramanand Singh Resident of Village- Hilasi, P.S.- Chhavhi, District- Basti (U.P.).

7.

Shashi Kala Singh Wife of Shushil Kumar Singh Resident of At- Sector-1, Eldeco Colony, Old Jail Road, P.S.- Ashiyana District- Lakhnow (U.P.) 8.

Digvijay Nath Sahni Son of Patiraj Resident of Village- Hardi Khas, P.S.- Kapthanganj, P.O.- Tinich, District- Basti (U.P.). 9.

Shukla Ram Son of Bal Bachan Ram Resident of At and P.O.- Khopira, P.S.- Pawna, District- Bhojpur.

10.

Sharmila Gupta @ Sharmila Devi Wife of Munna Kumar Gupta Resident of Village- Nethua Purab Tola, P.O. and P.S.- Marhaura, District- Saran. 11.

Jay Prakash Son of Shiv Ram Resident of Village- Ramwapur, P.O.- Unji, P.S.- Dubauliya, District- Basti (UP).

12.

Rajesh Kumar Yadav Son of Ram Shakal Resident of Village- Kalwari, Eathmali, P.S.- Goariya, District- Basti (U.P.). 13.

Yogendra Kumar Son of Radhe Shyam Resident of Village- Raharwa, P.O. and P.S,- Bahadurpur, District- Basti (U.P.). 14.

Ravi Shanker Dubey Son of Jagdish Narayan Dubey Resident of At-43/11, Vijay Nagar, P.S.- Vijay Nagar, District- Kanpur (U.P.) 15.

Pankaj Kumar Singh Son of Ramesh Singh Resident of Sighvaliya P.S.- Sidhwaliya Bazar, District- Gopalganj.

16.

Sumit Saha Son of Sadhan Kumar Saha Resident of Ita, P.S. Mangolkote, District- Purba Bardhaman, West Bengal.

17.

Matbar Kumar Son of Sri Nagendu Ram Resident of Village- Basirpur, Chandpur, P.O.- Gaddopur, P.S.- Bilriyaganj, District- Ajamgarh (U.P.) 18.

Shailesh Kumar Yadav Son of Sri Ramnpan Yadav Resident of Village and P.O.- Barohi Fatehpur, PS- Bilriyaganj, District- Ajamgarh (U.P.). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Education Department,

2/5 Government of Bihar, Patna.

2.

The Director, Primary Education, Government of Bihar, Patna. 3.

The Director, Bihar Education Projecet Council, Shiksha Bhawan Rashtrabhasha Parishad Campus, Saidpur, Rajendra Nagar, Patna. 4.

The Additional Director, Education Project Council, Shiksha Bhawan, Rashtrabhasha Parishad Campus, Saidpur, Rajendra Nagar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar For the Respondent/s :

Mr.Subhash Chandra Mishra (Sc 16) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 09-03-2022 The case is being taken up from the defect side. Learned counsel for the petitioner is directed to submit the original petition along with attested affidavits and also remove the defects pointed out by the Registry within two weeks from today.

In view of the judgment passed in the case of Suresh Ram Vrs. The State of Bihar & Ors. (C.W.J.C. No. 5489 of 2020) and connected petitions where this Court has held as under:

"13. Having reached to the aforesaid conclusion, this Court directs that all the maters concerning teachers pending before this Court deserve to be first adjudicated on merits and on facts by the concerned relevant District Appellate Authority. If still there is any grievance left, the concerned person would be entitled to take up the matter before the State Appellate Authority and this Court need not deal with such

3/5 matters at the initial stage.

14. Having stated so, the learned counsel have informed that on account of Pandemic for the last two years, the State Government has not taken any steps for forming District Appellate Authority and the District Appellate Authorities are non-functional in several districts.

15. Accordingly, it is directed that the writ petition and similarly situated other writ petitions are required disposed of in terms as aforesaid with liberty to approach the District Appellate Authority. The petitioner would be free to obtain a certified copy of the present petition and the counter affidavit if any filed by the respective State counsel to be made as part of the pleadings and file an application before the District Appellate Authority, who would be entitled to call for the records from the respective schools/establishment/college etc. and after hearing the parties pass a speaking order expeditiously.

16. Learned counsel appearing for the State shall also inform the Chief Secretary and Secretary of Education about the present order and it is directed that the Chief Secretary and the Secretary, Education Department shall take immediate steps for the respective District Appellate Authorities to start their function. The necessary staffs and members shall be appointed as early as possible not later than a period of one month from today. Necessary directions for their functioning shall also be passed accordingly.

17. The writ petitions are accordingly, disposed of."

2. It is informed by the learned counsel for the petitioners that the State Appellate Authority is not entertaining

4/5 the petition directly on the ground that it is an appellate authority. It is also informed that the State Government has not formed the District Appellate Authority in several districts and the District Appellate Authorities are non-functional. It goes without saying that the very purpose of the Rules of 2020 is to provide alternative and efficacious remedy to the teachers for quick redressal of their grievances relating to their services. In circumstances where the District Appellate Authority do not function or the same has not been formed by the State Government, the State Appellate Authority which is the extension of the adjudicating Authority powers given to the District Appellate Authority, can not wash its hands off such cases where the concerned teachers have approached directly the State Appellate Authority for redressal of his/her grievance in situations on account of the District Appellate Authority being non-functional.

3. The concerned litigants will of-course have to file in affidavit to the effect that the District Appellate Authority is not functioning.

4. If such an affidavit is filed it is expected from the State Appellate Authority to entertain the grievance directly and adjudicate on the merits of the case.

5/5

5. In Suresh Ram's case (C.W.J.C. No. 5489 of 2020) and connected petitions this Court has also held that the District Appellate Authority must be made functional within a period of one month by the State Government. In the case of Minakshi @ Sushre Minakshi & Anr. Vrs. The State of Bihar & Ors. (C.W.J.C. No. 34 of 2022) this Court has observed that if the District Appellate Authority is not functioning, an affidavit may be filed to the said effect before the State Appellate Authority and the State Appellate Authority would be empowered to examine the grievance and pass orders accordingly directly or after giving opportunity to the parties.

6. In view of the above, this case is disposed of in aforesaid terms.

(Sanjeev Prakash Sharma, J) amit/- U