Sr. Bernadette Tirkey v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3417 of 2019 ====================================================== Sr. Bernadette Tirkey Daughter of Late Placitius Tirkey Resident of Holy Cross Convent, Bettiah, P.S.- Bettiah Town, District- West Champaran ... ... Petitioner/s

Versus

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

2. Director (Secondary Education), Human Resources Development Department, Government of Bihar, Patna

3. District Program Officer, West Champaran District, Bettiah ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.K.M.Joseph For the Respondent/s :

Smt.Abhanjali, AC to GA 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 22-02-2019 The learned counsel for the petitioner submits that the short prayer of the petitioner is for issuance of a direction to the Director (Secondary Education), Human Resources Development Department, Government of Bihar, Patna i.e. the respondent no.2 to approve the appointment of the petitioner as Assistant Teacher in St. Teresas Girls High School, Bettiah as also for issuance of a direction for payment of salary.

The learned counsel for the petitioner submits that the school in question is a minority educational institution aided by the State of Bihar, however, under Article 30(1) of the Constitution of India, all the minority institutions have the right to establish and administer educational. It is further submitted that the petitioner is possessing the requisite

Patna High Court CWJC No.3417 of 2019 dt.22-02-2019 2/2 qualification for being appointed as teacher in the aforesaid school and she had joined her duties as Assistant Teacher in the school on 02.04.2012 and the school had sent a proposal for approval of the appointment of the petitioner herein on 18.09.2012 itself. However, no decision has been taken till date. Having regard to the short prayer made by the petitioner herein, the present writ petition is disposed of with a direction to the respondent no.2 to take a final decision in the matter within a period of eight weeks from today by passing a reasoned order. It is needless to state that in order to expedite the matter, the petitioner shall file a detailed representation along with all the requisite documents before the respondent no.2 within a period of two weeks from today.

(Mohit Kumar Shah, J) Tiwary/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 26.02.2019 Transmission Date