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Patna High CourtCWJC/2346/2023disposed

Daulat Kumar v. The State Of Bihar

2023-08-21Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2346 of 2023 ====================================================== 1.

Daulat Kumar S/o Bhikhari Paswan R/o Village- Uprawan, P.O. and P.S.- Biharsarif, District- Nalanda.

2.

Sandeep Kumar, S/o Yogeshwar Prasad Singh R/o Village and P.O.- Utarthu, P.S.- Bind, District- Nalanda.

... ... Petitioners

Versus

1.

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

2.

The Director (Primary Education), Education Department, Government of Bihar, Patna.

3.

The District Magistrate, Nalanda at Biharsarif. 4.

The District Education Officer, Nalanda at Biharsarif. 5.

The District Programme Officer (Establishment), Nalanda at Biharsarif. 6.

The Block Education Officer, Silaw, Nalanda.

7.

The Panchayat Secretary, Gram Panchayat Raj, Gorma, Block- Silaw, District- Nalanda.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Ambrish Kumar Jha, Advocate For the Respondent/s :

Mr. Madhaw Pd. Yadaw, GP-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 21-08-2023 Heard learned counsel for the petitioners and the State.

2. Finding that the petitioners have an alternative statutory remedy of appeal under the Bihar State Teaching Institutions Teachers and Employees (Disputes Redressal and Appeal) Rules, 2020 before the District Appellate Authority, this Court would not entertain this writ application.

3. The petitioners, if so advised, may seek their statutory remedy of appeal within a period of 30 days from

Patna High Court CWJC No.2346 of 2023(2) dt.21-08-2023 2/2 today. If an appeal is preferred within the given period and a question of limitation arises for consideration, the same will be considered keeping in view the fact that the petitioners were pursuing their remedy before this Court on legal advice under some bona fide belief.

4. The petitioners may pray for any interim relief before the Tribunal.

5.

This writ application stands disposed of accordingly.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U