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Patna High CourtCWJC/6616/2024disposed

Rakesh Kumar v. The State Of Bihar

2024-08-02Mr. Justice Nani Tagia3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6616 of 2024 ====================================================== Rakesh Kumar S/o Late Bankatesh Raman Sharma, Resident of Village - Pema, Post Dadar, P.S.- Goh, Aurangabad, Bihar- 824129. ... ... Petitioner/s

Versus

1.

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

2.

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

The District Magistrate, Aurangabad.

4.

The District Education Officer, Aurangabad.

5.

The District Programme Officer (Establishment), Aurangabad. 6.

The Block Education Officer, Navinagar, Aurangabad. 7.

The Block Development Officer, Navinagar, Aurangabad. 8.

The Chairman Block Teacher Niyojan Unit, Navinagar, Aurangabad. 9.

The Secretary Block Teacher Niyojan Unit, Navinagar, Aurangabad -CumBlock Panchayatraj Officer Navinagar, Aurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr. Rohit Mishra, Advocate For State respondents :

Mr. K.P. Gupta, GP-10 Mr. Satya Vrat, AC to GP-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL JUDGMENT Date : 02-08-2024 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The order put under challenge is dated 30.01.2024 passed by the District Appellate Authority, Aurangabad in Case No. 2/2022.

3. The petitioner had filed Case No. 2/2022 before the District Appellate Authority, Aurangabad challenging the letter

Patna High Court CWJC No.6616 of 2024 dt.02-08-2024 2/3 No. 12 dated 11.02.2022 issued by the respondent No.9 informing the petitioner that the petitioner's selection as Block Teacher has been cancelled. The District Appellate Authority, Aurangabad dismissed the Case No. 2/2022 filed by the petitioner.

4. The petitioner has now approached this Court by filing this writ petition without approaching the State Appellate Authority as provided under Rule 14 of the Bihar State Teaching Institutions Teachers and Employees (Disputes Redressal and Appeal) Rules, 2020.

5. Since the appellate forum is provided under Rule 14 of the Bihar State Teaching Institutions Teachers and Employees (Disputes Redressal and Appeal) Rules, 2020 to hear the appeal against the order passed by the District Appellate Authority, this writ petition is hereby disposed of with a liberty granted to the petitioner to approach the State Appellate Authority.

6. If the appeal is filed by the petitioner challenging the Case No. 2/2022 passed by the District Appellate Authority, Aurangabad within a period of 30 (thirty) days from today, the delay in filing the appeal shall be condoned by the State Appellate Authority.

Patna High Court CWJC No.6616 of 2024 dt.02-08-2024 3/3

7. The writ petition is disposed of with the above directions.

(Nani Tagia, J) Narendra/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 03.08.2024 Transmission Date N.A.