Anjali Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5388 of 2024 ====================================================== Anjali Kumari, W/o Raj Kumar Das, resident of Village- Konasarai, P.S. Laheri, District Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Education Department Govt. of Bihar, Patna.

2.

The Principal Secretary, Education Department, Govt. of Bihar, Patna. 3.

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

The District Education Officer, East Champaran, Motihari. 5.

The District Education Officer, Nalanda.

6.

The District Programme Officer Establishment, East Champaran, Motihari. 7.

The District Programme Officer Establishment, Nalanda. 8.

The Block Education Officer, Sangrampur District East Champaran, Motihari.

9.

The Treasury Officer, East Champaran, Motihari. 10.

The Treasury Officer, Nalanda.

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

For the Petitioner/s :

Mr. Pankaj Kumar, Advocate For the Respondent/s :

Mr. Government Pleader 27 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 09-10-2025 Heard learned Advocate for the petitioner and the learned Advocate for the respondents.

2. The petitioner has preferred the present writ petition for the following reliefs:

(i) For issuance of an appropriate writ in the nature of certiorari for setting aside the order dated 25.07.2014 passed by the respondent District Education Officer as

Patna High Court CWJC No.5388 of 2024 dt.09-10-2025 2/3 contained in his memo No. 5101 dated 25.7.14 whereby and where under petitioner has been terminated from service only on the ground that the institution from which petitioner has got trained certificate that is "Dr. Bimrao Ambedkar Hindi Sanskrit vidyapith" has got not got recognition from competent authority.

(ii) Further for issuance of an appropriate writ in the nature of MANDAMUS Commanding and directing the respondent authority to re instate the petitioner in service and pay the entire consequential benefit with statutory as well as penal interest.

(iii) Further for issuance of any other appropriate writ/ writs, order/orders, direction/ directions for which petitioner shall be found entitled Under the facts and circumstances of the case under principle of equitable justice."

3. It is submitted that since the issue came to be settled by a Division Bench of this Court in L.P.A. No. 1254 of 2016 and other analogous appeals, the copy of which is placed on record as Annexure-P/6, the matter is required to be sent before the District Education Officer, East Champaran, Motihari, who shall consider the claim of the petitioner and pass appropriate order.

4. Learned Advocate for the State referring to the counter affidavit has submitted that since the training certificate

Patna High Court CWJC No.5388 of 2024 dt.09-10-2025 3/3 furnished by the petitioner, which was issued by the Dr. Ambedkar Hindi Sanskrit Vidyapith, Jokiya, Begusarai, has been found to be invalid institution, no relief could be granted to the petitioner.

5. Be that at it may, considering the fact that identical issue has been adjudicated and disposed of by a Division Bench of this Court in L.P.A. No. 1254 of 2016 and other analogous appeals vide judgment dated 28.08.2023, this Court deems it fit and proper to dispose of the writ petition with a direction to respondent no.4, the District Education Officer, East Champaran, Motihari to consider the claim of the petitioner in the light of the decision of the learned Division Bench of this Court.

6. Suffice it to observe that while considering the claim of the petitioner, the impugned order shall not come in the way to take any appropriate decision.

7. The writ petition stands disposed of.

(Harish Kumar, J) uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 10.10.2025 Transmission Date NA