Quazi Gulam Murtoza @ Kazi Gulam Murtuza, v. The State Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5404 of 2022 ====================================================== Quazi Gulam Murtoza @ Kazi Gulam Murtuza, Son of Late Quazi Yusuf @ Kazi Yusif, Resident of Village - Sahazana Kaparandas Porela, Raj Malickpur, Panchayat, Block - Azamnagar, P.S. - Azamnagar, District - Katihar. ... ... Petitioner/s

Versus

1.

The State of Bihar, through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Chief Secretary, Govt. of Bihar, Patna.

3.

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

4.

The Director, Primary Education, Bihar, Patna. 5.

The Collector and District Magistrate, Katihar. 6.

The District Education Officer, Katihar.

7.

The District Programme Officer (Establishment), Katihar. 8.

The Block Development Officer, Azamnagar - Cum - Secretary Block Teachers Employment Unit, Azamnagar, District - Katihar. 9.

The Block Education Officer, Azamnagar Block, District - Katihar. 10.

The State Appellate Authority (Education Department, Bihar), 5th C and D Block, Niyojan Bhawan, Bailey Road, Patna, through its Secretary, 11.

The Secretary, State Appellate Authority (Education Department, Bihar), 5th C and D Block, Niyojan Bhawan, Bailey Road, Patna. 12.

The Member, District Teachers Employment Appellate Authority, Katihar. 13.

Kazi Chirag Alam, Son of Late Kazi Yusuf, Resident of Village - Sahjana Kapranda, P.O. Porla, P.S. Azamnagar, District - Katihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suresh Pd. Bhakta, Adv.

For the Respondent/s :

Mr.Kameshwar Kumar (Gp17) For the State :

Mr. S.K. Ranjan, AC to GP-17 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 30-06-2022 The case is being taken up from defect side.

Learned counsel for the petitioner is directed to submit the original petition along with attested affidavits and also remove all the defects pointed out by the Registry within

Patna High Court CWJC No.5404 of 2022(2) dt.30-06-2022 2/2 two weeks from today.

Admittedly, an appeal has been filed by the petitioner in terms of the directions issued by the State Appellate Authority dated 18.01.2019.

After having filed the appeal before the District Appellate Authority, the petitioner cannot be allowed to turn around and challenged the order passed by the State Appellate Authority dated 18.01.2019 and the prayer for quashing of the order of the State Appellate Authority is, therefore, found to be misconceived and is accordingly rejected.

However, taking into consideration that the matter is pending for more than ten years now, it is directed that as soon as the District Appellate Authority becomes functional, the case of the petitioner shall be heard and decided at the earliest within a period of four months thereafter.

(Sanjeev Prakash Sharma, J) Pravinkumar/- Item No. 24 U