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Patna High CourtCWJC/5643/2025disposed

Pawan Kumar Singh v. The State Of Bihar

2025-04-10Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5643 of 2025 ====================================================== Pawan Kumar Singh Son of Late Ghura Prasad Singh Resident of Near Police Station, Kudra, Post Office-Kudra, District-Kaimur at Bhabhua. At Present Posted and Working as In-Charge Headmaster/Senior Secondary Teacher, and 2 High School Jahanabad Kudra, Kaimur at Bhabhua. ... ... Petitioner/s

Versus

1.

The State of Bihar though the Additional Chief Secretary-Cum-the Principal Secretary, Education Department, Govt. of Bihar, Patna. 2.

The Director, Secondary Education, Bihar, Patna. 3.

The Regional Deputy Director of Education, Patna Division, Patna Division, Patna.

4.

The Chief Executive Officer, Zila Parishad-Cum-the Deputy Development Commissioner, Kaimur at Bhabhua.

5.

The District Education Officer, Kaimur at Bhabhua. 6.

The District Programme Officer (Establishment) Kaimur at Bhabhua. 7.

The District Programme Officer, Secondary Education, Kaimur at Bhabhua. 8.

Shri Ram Suresh Singh S/o Lal Mohar Singh R/o Village-udandih, P.O.- Pachrukha (Hassan Bazar), P.S.-Hasan Bazar (Piro), District-Bhojpur, Exclusive Teacher (Vishistha Shikshak), Plus two High School Jehanabad Kudra, Kaimur at Bhabhua.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Kumar Mishra, Advocate For the Respondent/s :

Mr.Standing Counsel (08) CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-04-2025 1.

Heard learned counsel for the parties concerned. 2.

The present writ application has been filed for quashing Memo no. 245 dated 25.02.2025, issued by District Education Officer, Kaimur at Bhabhua, by which he has

Patna High Court CWJC No.5643 of 2025(2) dt.10-04-2025 2/3 arbitrarily declared private respondent no. 8 as senior most teacher as well as In-charge Headmaster of the School namely +2 High School, Jehanabad Kudra, Kaimur at Bhabhua. 2.

Learned counsel for the respondent submits that District Teachers Appellate Authority has become functional in view of the order dated 14.12.2023, passed by this Court in C.W.J.C. 4534 of 2019 (Jawed Ali Reza v. The State of Bihar and others).

3.

Having regard to the submissions made on behalf of the parties and taking into consideration the nature of dispute, in my opinion, the matter requires to be considered by the District Teachers Appellate Authority, Kaimur at Bhabhua. Accordingly, the present writ application stands disposed with liberty to the petitioner to approach the District Teachers Appellate Authority, Kaimur at Bhabhua, by filing an appropriate appeal.

4.

It is needless to state that in case, appropriate appeal is filed by the petitioner within a period of 30 days from today along with condonation of delay, the same shall be considered by the District Teachers Appellate Authority, Kaimur at Bhabhua on its own merit and in accordance with law, within a reasonable time frame.

Patna High Court CWJC No.5643 of 2025(2) dt.10-04-2025 3/3 5.

The writ petition stands disposed off on the aforesaid terms.

(Anil Kumar Sinha, J) rinkee/- U