Ragni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5886 of 2023 ====================================================== Ragni Daughter of Nawal Kishore Prasad Singh Resident of Village and Post Rupas Sri Dindayal Singh Tola, P.S. Athmalgola District-Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Education Department, Government of Bihar, Patna.

2.

The Director, Primary Education Department, Govt. of Bihar, Patna. 3.

The District Education Officer, Patna.

4.

The District Program Officer (Establishment), Patna. 5.

The Block Education Officer, Athmalgola, District-Patna. 6.

The Panchayat Secretary, Gram Panchayat Raj, Sabnima Block- Athmalgola, District-Patna.

7.

The Bihar School Examination Board, through its Secretary, Buddh Marg, Patna.

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

For the Petitioner :

Mr. Avanindra Kumar Jha, Advocate For the State :

Mr. Subhash Chandra Mishra, SC-16 For the B.S.E.B.

:

Mr. P.K. Shahi, Sr. Advocate Mr. Gyan Shankar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-11-2024 Heard learned counsel for the parties.

2. The present writ application has been filed for the following reliefs:- "(i) To hold and declare that, since, in CWJC No. 16214/2019 (in re, Ata - ur Rahman's & Ors), no case / issue was discussed & considered by the Hon'ble Patna High Court, which is / was identical to the case of petitioner, hence, no punitive action should have been taken against her, on the basis of any direction, of the department, which has been issued for compliance of the order passed in said Ata -ur-Rahman's case.

(ii) To hold and declare that, since, the order impugned

Patna High Court CWJC No.5886 of 2023(2) dt.11-11-2024 2/3 as contained in Memo No. 10, dated 02.03.2023 (Annexure -16), passed by the Panchayat Secretary (Resp No.6) is a non- speaking order, hence violative of Principles of Natural Justice, and hence arbitrary, discriminatory, and fit to be set aside by this Hon'ble Court.

(iii) For issuance of appropriate orders, direction or writ in the nature of Certiorari for Quashing the order impugned as contained in Memo No.10 dated 02.03.2023, (Annex-16), passed by the Panchayat Secretary, whereby and where under the services of the Petitioner has been terminated.

(iv) For issuance of appropriate orders, direction or writ in the nature of Mandamus commanding the respondents concerned, to reinstate the petitioner and allow her to resume her duties, with all consequential benefits.

(v) For issuance of appropriate orders, direction or writ in the nature of Mandamus commanding the respondents concerned, to allow the petitioner necessary departmental permission for completion of In- Service Teacher Training course of D.El.Ed. (vi) For grant of any other relief to which the Petitioner may be found entitled to, in the facts and circumstances of this case."

3. At the outset, learned counsels appearing on behalf of the respondents raise preliminary objection to the maintainability of this writ application on the ground that petitioner has got alternative statutory remedy before the District Appellate Authority. It is further submitted that no reasons have been assigned as to why this writ application shall be heard by this Hon'ble High Court, even when alternative statutory remedy to move before the District Appellate Authority is available to the petitioner.

Patna High Court CWJC No.5886 of 2023(2) dt.11-11-2024 3/3

4. Learned counsel appearing on behalf of the petitioner is not in a position to dispute the contentions made on behalf of the respondents.

5. Considering the aforesaid facts and circumstances, this writ petition is disposed of with direction to the petitioner to move before the District Appellate Authority by filing appeal.

6. It is needless to say that if such appeal is preferred by the petitioner, the District Appellate Authority shall proceed in the matter and dispose of the same, in accordance with law, after hearing the parties, by a reasoned and speaking order, as expeditiously as possible.

(Prabhat Kumar Singh, J) shashank/- U