Smita Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4005 of 2011 ====================================================== Smita Singh, D/O Sudhir Kumar Singh Village Nirmali, Gram Panchayat Nirmali, P.S. Pipra, Dist. Supaul.

.... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna.

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

3. The Regional Deputy Director of Education, Koshi Commissonery, Saharsa.

4. The District Superintendent of Education, Supaul.

5. The District Teachers Selection Appellate Authority, Supaul through Its Member Secretary.

6. The Member, District Teachers Selection Appellate Authority, Supaul.

7. The Block Development Officer, Pipra, Dist. Supaul.

8. The Block Education Extension Officer, Pipra, Dist. Supaul.

9. The Popularly Elected Mukhiya of Gram Panchayat, Nirmali, Anchal + P.S. Pipra, Dist. Supaul.

10. The Secretary of Gram Panchayat Nirmali, Anchal + P.S. Pipra, Dist. Supaul.

11. The Panchayat Teachers Selection Committee, Nirmali, Anchal + P.S. Pipra, Dist. Supaul through Its Chairman, Namely Mukhiya of Gram Panchayat.

12. Smt. Kiran Singh W/O Shri Suman Kumar Singh Village Hatbariya, Gram Panchayat Nirmali, Anchal + P.S. Pipra, Dist. Supaul. .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Amrit Abhijat, Advocate. For the Respondents : Mr. Rajesh Singh Gp16 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, in the present writ application, has

Patna High Court CWJC No.4005 of 2011 (3) dt.11-07-2017 2/3 challenged the order dated 19.01.2011, passed by the Member, District Teachers Employment Appellate Authority, Supaul. The petitioner has statutory remedy to file an appeal before the State Appellate Authority.

Learned counsel for the petitioner seeks permission to withdraw the present writ application with a liberty to prefer an appeal before the State Appellate Authority which has been constituted vide Notification No. 7/B 3-80/2011-513, dated 13.05.2015, challenging the order dated 19.01.2011, passed in Appeal No. 781/2009, by the Member, District Teachers Employment Appellate Authority, Supaul.

Permission is accorded.

The petitioner shall file an appeal before the State Appellate Authority within a period of thirty days from the date of the order which shall be disposed of in accordance with law within the statutory period.

Learned counsel for the petitioner has further relied upon a judgment in the case of Baldev Ray Vs. The State of Bihar & Ors., reported in 2010(4) PLJR, 233 stating that the case of the petitioner is covered by the said judgment of this Court. The said judgment shall be looked into by the State Appellate Authority while passing the final order in the appeal.

Patna High Court CWJC No.4005 of 2011 (3) dt.11-07-2017 3/3 With the aforesaid observation and direction, the present writ application stands disposed of.

(Sudhir Singh, J) U.K./- U