Shakrah Ummul Khair v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21659 of 2014 ====================================================== Shakrah Ummul Khair, aged about 27 years D/o Abdur Rab Nishter R/o Village Gassi, Block Jale, P.S. Jale, District Darbhanga. Petitioner

Versus

1. The State of Bihar through its Principal Secretary, Human Resources Deveopment, Government of Bihar, Patna.

2. The Director Primary Education, Govt. of Bihar, Patna.

3. The District Education Officer, Darbhanga.

4. The Block Development Officer, Block Jale, District Darbhanga.

5. The Block Education Officer, Block Jale, District Darbhanga.

6. The Panchayat Secretary Gram Panchayat Raj Radhi South Block Jale, District Darbhanga.

7. The Mukhiya, Gram Panchayat Raj Radhi South, Block Jale, District Darbhanga.

8. The Member District Teacher Employment Appellate Authority, Balbhadurpur, Laharisarai, District Darbhanga.

9. Md. Abid Hussain S/o Md. Suffic At AND P.O. Nasoeh, P.S. Jale, District Darbhanga. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Kumar Singh, Advocate and Mr. P.Sharan, Advocate For the Respondent/s : Mr. UP Singh, AC to Sc25 ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 21-01-2016 The petitioner seeks quashing of order contained in letter dated 9.8.2011, passed by the District Teacher's Appointment Appellate Authority, Darbhanga, affirming order of cancellation of the petitioner as the Panchayat Teacher.

Learned counsel submits that on the complaint of respondent no.9, the appointment of 5 Panchayat teachers were cancelled by the Appellate tribunal. The petitioner submits that some of the aggrieved teachers namely Gopal Prasad Singh, Sumant Kumar Suman and Madhulata Kumari moved this

Patna High Court CWJC No.21659 of 2014 (3) dt.21-01-2016 Court in C.W.J.C.No. 18293 of 2011 which was allowed vide order dated 2.9.2013 with following observations:- "Considering the submissions of the parties and on perusal of the impugned order, it would appear that respondent no. 9 had filed an appeal/objection against the appointment of one Irshad Ali Jauhar on the post of Urdu Teacher whereas the petitioners were appointed as Panchayat Teacher and as such, the issue for consideration before the appellate authority was with respect to the appointment of Irshad Ali Jauhar not the petitioner.

In view of the above factual aspect of the matter, in my opinion, the impugned order cannot be sustained in law to the extent of cancelling the appointment of the petitioners. Accordingly, the impugned order directing for cancelling the appointment of the petitioners stands quashed.

The writ application stands allowed to the extent indicated above."

The petitioner submits that from perusal of the order of the learned Single judge it appears that the private respondent has no lis with the petitioner.

In view of the above, the writ petition is also disposed of in terms of order dated 8.2.2013 wherein the impugned order directing cancellations of appointments of the petitioners thereof has been quashed.

Shashi.

(Samarendra Pratap Singh, J) U