Ranjana Kumari @ Ranjana Kumar Ojha v. The State Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7930 of 2021 ====================================================== Ranjana Kumari @ Ranjana Kumar Ojha Wife of Basant Kumar Ojha Resident of village - Mashrakh Purab Tola, PS- Mashrakh, District- Saran at Chapra.

... ... Petitioner/s

Versus

1.

The State of Bihar, Bihar.

2.

The Additional Chief Secretary- cum - Principal Secretary, Department of Education, Govt. of Bihar, Patna.

3.

The Director, Primary Education, Govt. of Bihar, Patna. 4.

The District Education Officer, Gopalganj.

5.

The District Programme Officer (Establishment), Gopalganj. 6.

The State Appellate Authority, Education Department, Govt. of Bihar, Patna. 7.

The Chairperson, State Appellate Authority, Education Department, Govt. of Bihar, Patna.

8.

The District Teacher Employment Appellate Authority, Gopalganj. 9.

The Secretary, District Teacher Employment Appellate Authority, Gopalganj. 10.

The Block Education Officer, Barauli, Gopalganj. 11.

The Block Development Officer, Barauli, Gopalganj. 12.

The Gram Panchayat Raj, Batardeh, Barauli, Gopalganj. through it Panchayat Secretary.

13.

The Mukhiya, Gram Panchayat Raj, Batardeh, Barauli, Gopalganj. 14.

The Panchayat Secretary, Gram Panchayat Raj, Batarde, Barauli, Gopalganj. 15.

Smt. Punam Kumari D/o Satyendra Narayan, Resident of village - Ratan Sarai, Ward No. 3, PS- Barauli, District- Gopalganj at present Block teacher Upgraded Middle School, Sarfara, District- Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bishnu Kant Dubey, Advocate For the Respondent/s :

Smt. Shilpa Singh, (GA12 ) For the Resp. No.15 :

Mr. Bijay Shankar Choubay, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 01-07-2025 Heard Mr. Bishnu Kant Dubey, learned counsel appearing on behalf of the petitioner; Smt. Shilpa Singh, learned GA12 for the State and Mr. Bijay Shankar Choubay, learned

Patna High Court CWJC No.7930 of 2021(4) dt.01-07-2025 2/3 counsel appearing on behalf of the Respondent no.15.

2. The petitioner in paragraph no. 1 of the present writ petition has sought, inter alia, the following relief(s), which is reproduced hereinafter:- "1.That this is an application for issuance of a writ in the nature of certiorari to quash the order dated 27-022019 passed in Appeal/10/2019 by the Chairperson, State Appellate Authority whereby claim of the petitioner for employment has been disallowed as also to quash the order of the Presiding Officer, District Appellate Authority, Gopalganj dated 06-07-2018 passed in Appeal Case No.

122/2014 whereby appeal of the petitioner for the employment was rejected and for issuance of a consequential writ in the nature of mandamus directing and commanding the respondents particularly employment Committee/ Panchayat Secretary of Gram Panchayat Raj Batardeh to appoint /employ the petitioner pursuant to appointment letter containing letter no. 1 dated 03-03-2007 and appointment letter dated 10-03-2007 after removing the private respondents who has been illegally, arbitrarily and without her entitlement was appointed in place of the petitioner and is continuing despite cancellation of her selection and/or for issuance of a writ/order/direction for which the petitioner may be found legally entitled to under the facts and circumstances stated herein under."

3. At the outset, learned counsel appearing on behalf of petitioner submits that the present writ petition is squarely covered by the judgment dated 17.04.2025 passed in CWJC No. 17508 of 2021 (Pradip Kumar Yadav & Ors. Vs. The State of Bihar & Ors.) and the same may be disposed of in light of the aforesaid case, wherein the order passed by the State Appellate Authority was set aside and quashed on the ground of non-fulfillment of quorum of the State Appellate Authority as per Rule 4(3) of the Bihar State School Teachers and

Patna High Court CWJC No.7930 of 2021(4) dt.01-07-2025 3/3 Employees Disputes Redressal Rules, 2015.

4. Considering the aforesaid submission made on behalf of the petitioner, the impugned order dated 27.02.2019 passed by the Chairperson of the State Appellate Authority in Appeal No.10 of 2019 is hereby set-aside and quashed in light of the judgment dated 17.04.2025 passed in CWJC No. 17508 of 2021.

5. The matter is remitted back to the State Appellate Authority. The Chairman of the State Appellate Authority having jurisdiction must ensure to dispose of the appeal expeditiously, in accordance with law without being prejudiced by the order dated 27.02.2019 passed by the Chairperson of the State Appellate Authority in Appeal No.10 of 2019.

6. Accordingly, the present writ petition stands disposed of.

(Purnendu Singh, J) Ashishsingh/- U