Shagufta Sheikh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.22878 of 2018 ====================================================== Shagufta Sheikh Wife of Md. Mahboob Alam Resident of Village - Nazirpur, P.S. - Gaighat, District - Muzaffarpur.
... ... Petitioner/s
Versus
1.
The State of Bihar.
2.
The Principal Secretary, Department of Education, Bihar, Patna. 3.
The Director, Primary Education, Bihar, Patna. 4.
The District Magistrate, Muzaffarpur.
5.
The District Education Officer, Muzaffarpur.
6.
The District Programme Officer, Muzaffarpur.
7.
Mukhiya, Gram Panchayat Raj Kanta, Pirounchha, District - Muzaffarpur. 8.
The Secretary, Gram Panchayat Raj Kanta Pirouncha, District - Muzaffarpur. 9.
Nasreen Praveen Wife of Md. Israil Resident of Village - Nazirpur, P.S. - Gaighat, District - Muzaffarpur.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Fakhruddin Ali Ahmad, Advocate For the Respondent/s :
Smt. Shilpa Singh- GA-12 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 06-01-2020 The petition filed on 30.11.2018 is listed for hearing for the first time today before the Court.
Heard learned counsel for the petitioner and learned counsel for the respondents.
Petitioner has prayed for the following relief: "a. To make an enquiry into the illegal appointment of respondent no.9 by the Gram Panchayat Raj Kanta Pirounchha, District-
Patna High Court CWJC No.22878 of 2018(2) dt.06-01-2020 2/3 Muzaffarpur, in Primary School, Nazirpur Urdu, Gaighat, Muzaffarpur as Panchayat Shiksha Mitra whereas she was minor at the time of her appointment and her posting was made on the reserved seat of SC & ST Categories whereas she belongs to General Category (Women) and depriving meritorious eligible candidates.
b. To direct the respondents to take appropriate action against the erring officials who are responsible for aforesaid illegal appointment. c. To grant any other relief/reliefs for which the petitioner is entitled under the facts and circumstances of the instant writ application." After the matter was heard for some time, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the concerned respondents to consider and decide the representation, which the petitioner shall be making afresh within a period of four weeks from today. Learned counsel for the State states that upon receipt of such request, if any, the same shall be dealt with in accordance with law, expeditiously and positively within a period of three months from the date of receipt thereof. Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.
Patna High Court CWJC No.22878 of 2018(2) dt.06-01-2020 3/3 We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch. The petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) Ravi/- U