Rashmi Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16543 of 2015 ====================================================== Rashmi Kumari wife of Anil Kumar, Daughter of Sri Harish Chandra Prasad Resident of Mohalla - Arya Nagar, Imamganj, Post Office - Chapra, Police Station - Chapra, District - Saran.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

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

The Secretary, Department of Secondary Education, Govt. of Bihar, Patna. 4.

The District Magistrate cum Collector, Chapra. 5.

The District Education Officer, Chapra.

6.

The Convener cum Head of the Managing Committee, Mishri Lal Arya Kanya Uccha Vidyalaya, Chapra.

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

For the Petitioner/s :

Mr.Bijay Prakash Singh, Advocate For the Respondent/s :

Mr.Subhash Chandra Mishra, SC 16 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 24-02-2023 Heard the parties.

2. The petitioner by way of this writ petition has prayed for as follows : - "I. To issue a writ in the nature of Mandamus to direct the respondents no. 1 to 5 to hold control over the action of respondent no.6 in connection with the selection and appointment of teacher in the school in terms of the teacher appointment Rule 2006 as amended in the year 2008 and later on as well.

II. To direct the respondent no. 1 to 5 to interfere into the act of respondent no. 6 by which petitioner has been removed for the post of Assistant Teacher of Subject Music whose appointment was made in accordance with legal process.

Patna High Court CWJC No.16543 of 2015(2) dt.24-02-2023 2/2 III. To hold and declare that letter no. 06 dated 15.01.2015 (Annexure -5) is had and is not sustainable in the eye of law.

IV. To grant all other reliefs to the petitioner which are necessary for reinstating the petitioner on the post of Music Teacher on which she was working."

Considering it that this matter is covered by the Judgment dated 23.02.2022, passed in C.W.J.C. No. 5489 of 2020 (Suresh Ram Vs. The State of Bihar & ors.) and connected matters reported in 2022 (2) B.L.J., 381 and the Judgment dated 07.03.2022, passed in C.W.J.C. No. 34 of 2022 (Minakshi @ Sushre Minakshi & Anr. Vs. The State of Bihar & ors.), this petition is disposed of with the above terms.

3. If an appeal is preferred before the State Appellate Authority, the same shall be taken up at the earliest and preferably decided within a period of six months. (Sanjeev Prakash Sharma, J) Chn/- Item No.42 U