Shawana Parvin v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7760 of 2013 =========================================================== Shawana Parvin W/o Md. Asgar Zamal, resident of village - Khajuri, P.O. and P.S. Khajuri, Rahika Block, District - Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Principal Secretary, Education Department, Govt. of Bihar, Patna

3. The Director, Primary Education, Government of Bihar, Patna

4. The District Magistrate, Madhubani

5. The District Education Officer, Madhubani

6. Block Education Officer, Rahika, Madhubani

7. Mukhiya, Khajuri Gram Panchayat, Rahika Block, Madhubani

8. Panchayat Secretary, Khajuri Gram Panchayat, Rahika Block, Madhubani

9. Md. Ahsan .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : M/s Abhinav Raj and Gagandeo Yadav For the Respondent/s : M/s Vishwanath Pd. Singh and Yugal Kishore M.K. Sinha, SC-1, S.K. Karn, AC to SC-1 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 10-05-2016 Heard learned counsel for the petitioner, State and the private respondent.

In the present case, the petitioner is seeking relief of giving direction for implementation/execution of the order dated 26.03.2011, by which the Appellate Tribunal has directed to appoint the petitioner against the post meant for the Urdu Teacher. As per the stand of the private respondent as well as the State, the order has been obtained behind back of the persons who were appointed by the Panchayat Unit without giving any notice to them, so much so that there was no vacancy for the post of Urdu

Patna High Court CWJC No.7760 of 2013 dt.10-05-2016 2/2 Teacher, which has not been denied by the petitioner and as such, the question of her appointment against that vacancy does not arise. This Court cannot give any direction for implementation of the order of the Tribunal on two reasons, one reason is that the petitioner has not impleaded necessary party before the Tribunal is nothing, but nullity and second point, which petitioner has not denied, she applied for the post of Urdu Teacher, admittedly, the post of Urdu Teacher was not available, so on both counts, this Court cannot give direction for implementation of the order. However the petitioner, if so advised, may file a fresh/properly constituted appeal before the Tribunal and if such appeal is filed, the Tribunal will act in accordance with law.

With the above observation/direction, this petition is dismissed.

(Shivaji Pandey, J) Mahesh/- AFR/NAFR /NAFR CAV DATE Uploading Date 18.5.16 Transmission Date