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Patna High CourtCWJC/6422/2024dismissed

Akash Kumar v. The State Of Bihar

2024-04-19Mr. Justice Harish Kumar,The Chief Justice-2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6422 of 2024 ====================================================== Akash Kumar S/o Jitendra Singh resident of Village - Parta, P.S. Kutumba, District - Aurangabad.

... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate Aurangabad, Bihar.

3.

The District Education Officer, Aurangabad, Bihar. 4.

The Block Education Officer, Aurangabad Kutumba, Aurangabad. 5.

The Village Secretary-cum-Secretary, Planning Unit, Village - Panchayat Parata Kutumba, Aurangabad, Bihar, Patna.

6.

Anita Kumari, teacher, D/o Shri Subhash Rai, W/o Navnit Rai, P.S. - Kutumba, District - Aurangabad, Bihar and others. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr. P.K. Shahi, Advocate General ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 19-04-2024 The petitioner is concerned with the appointment of the 6th respondent, who is said to be appointed illegally. The matter was posted today with some defect(s) but none appeared before the Court when the matter was called.

2. We have gone through the averments in the writ petition and we are of the opinion that the public interest litigation cannot be maintained against the appointment of a teacher. In any event, the learned Government Advocate submits

Patna High Court CWJC No.6422 of 2024(2) dt.19-04-2024 2/2 on instruction that the petitioner has a remedy before the District Teacher Employment Appellate Authority.

3. Reserving such liberty, without any observation on the locus standi of the petitioner or on the merits, both of which will have to be considered by the Appellate Authority, the writ petition stands dismissed.

(K. Vinod Chandran, CJ) ( Harish Kumar, J) aditya/- U