Rekha Upadhyay v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2155 of 2022 ====================================================== Rekha Upadhyay W/o Dayashankar, R/o 565, Sohanva - 2, VTC - Sohaon, P.O. - Sohaon, District - Rasra, Ballia, Uttar Pradesh - 277504 ... ... Petitioner/s
Versus
1.
The State of Bihar through The Principal Secretary, Department of Education, Government of Bihar, Patna.
2.
The Lalit Narayan Mithila University, Kameshwarnagar, Darbhanga, through its Registrar.
3.
The Vice - Chancellor, Lalit Narayan Mithila University, Kameshwarnagar, Darbhanga.
4.
Ram Nirikshan Atma Ram College, Samastipur, Bihar through its Principal. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Mayuri For the Respondent/s :
Mr.Madanjeet Kumar (Gp20) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT Date : 25-04-2024 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the University.
2. The present writ petition has been filed seeking the following reliefs:
(i) Issuance of a direction, order or writ, including a writ in the nature of Mandamus directing the Respondent Authority to include the name of the petitioner to the list of Guest Teachers whose services have been renewed vide Memo Number SC/199/21 dated 13.07.2021.
(ii) Issuance of a direction, order or writ, including a writ in the nature of Mandamus directing the Respondent Authority to renew the service of the petitioner to the post of Guest Teacher and to award her the arrears of pay and other perks and privileges she would have been entitled to in the facts and circumstances of the present case.
(iii) Issuance of a direction, order or writ, including
Patna High Court CWJC No.2155 of 2022 dt.25-04-2024 2/3 a writ in the nature of Mandamus directing the Respondent Authority to initiate appropriate action against the erring officials whose dereliction of duty caused immense physical and mental hardship to the petitioner.
(iv) Any other relief/reliefs that the petitioner may be found to be entitled to in the facts and circumstances of the present case.
3. A counter affidavit has been filed on behalf of the respondents no. 2 and 3 in which it is stated that the Education Department, Government of Bihar, Patna, through "Sankalp" bearing Memo No. 1572-01/2014-925 dated 13.04.2021 directed to renew the engagement of Guest/Part Time Teacher through Selection Committee for eleven months with payment of Rs.1500/- per class up-to the maximum of Rs.50,000/- per month. Accordingly, the University placed the matter before the Selection Committee and after its recommendation issued letter of renewal vide Memo No.SC/199/2021 dated 13.07.2021 contained as Annexure-5 to the writ application.
4. Learned counsel for the University submits that the renewal of the engagement of these teachers are to be done by the Selection Committee. The matter of renewal of the Guest/Part Time Teacher has been placed before the Selection Committee and the Committee did not renew the engagement of the petitioner and the letters were issued accordingly.
Patna High Court CWJC No.2155 of 2022 dt.25-04-2024 3/3
5. Considering the facts and circumstances as well as the fact that the Selection Committee did not found fit to renew the engagement of the petitioner, accordingly, the present writ petition is dismissed.
(Anjani Kumar Sharan, J) anand/- AFR/NAFR NAFR CAV DATE NA Uploading Date 27.04.2024 Transmission Date NA