Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7069 of 2023 ====================================================== Deepak Kumar Son of Asarfi Mahto resident of Village- Thuthi, P.S.- Chautham, District- Khagaria.

... ... Petitioner

Versus

1.

The State of Bihar through the District Magistrate, Khagaria. 2.

The District Magistrate, Khagaria.

3.

The District Education Officer, Khagaria.

4.

The District Programme Officer, (Establishment), Khagaria. 5.

The Block Education Officer, Khagaria 6.

The Block Development Officer, Khagaria.

7.

The Member Secretary-cum-Gram Panchayat Secretary, Rahimpur South, Khagaria.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

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

Mrs Binita Singh ( Sc 28 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-11-2024 Heard learned counsel for the parties.

2. This writ petition has been filed to quash memo no.34 dated 5.12.2022 (annexure 4) issued by respondent no.7 terminating the services of the petitioner as Panchayat Teacher.

3. At the outset, learned counsel for the State raises preliminary objection and submits that the petitioner may seek remedy before the District Appellate Authority under Rule 13 of the Bihar State School Teachers and Employees Disputes Redressal Rules, 2015 which reads as follows:- "13. Power and functions of the District Appellate Authority:- The District Appellate Authority shall hear and dispose of the complaints / appeals related to employment of Niyojit teachers, librarians and other Niyojit functionaries of Government / Nationalized elementary, secondary and

Patna High Court CWJC No.7069 of 2023(2) dt.20-11-2024 2/3 higher secondary schools (including government aided / minority schools). It shall also hear and dispose of the disputes/appeals related to their service conditions. Besides, it shall also hear and dispose of the disputes related to service matter between management and teaching / non-teaching functionaries of non-government and non-aided schools functioning in the state."

4. Learned counsel for the petitioner does not dispute the submission of learned counsel for the petitioner.

5. It is settled law that where a right or liability is created by a statute which gives a special remedy for enforcing it, the remedy provided by the statute alone must be availed of. Since, the petitioner has statutory alternative remedy of appeal before the District Appellate Authority under Rule 13 of the Bihar State School Teachers and Employees Disputes Redressal Rules, 2015, this Court is not inclined to interfere in the matter in its extra-ordinary writ jurisdiction.

6. Accordingly, writ petition is disposed of with direction to the petitioner to file an appeal before the Appellate Authority. In the event such appeal is filed within four weeks from today, the same shall be disposed of with a reasoned order in accordance with law after hearing the parties within further eight weeks.

7. It goes without saying that if any question of

Patna High Court CWJC No.7069 of 2023(2) dt.20-11-2024 3/3 limitation arises before the Appellate authority, the same shall be considered, taking into consideration the fact that the petitioner was pursuing the issue before this Court under Article 226 of the Constitution of India.

(Prabhat Kumar Singh, J) shashi/- U