Smt. Shakunti Kumari v. State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9695 of 2019 ====================================================== Smt. Shakunti Kumari W/o Sri Sunil Kumar Resident of Baripahari, P.O. and P.S Sohsarai, Bihar Sheriff, District Nalanda. ... ... Petitioner/s

Versus

1.

State of Bihar through the Principal Secretary, Human Resources Development Department, Government of Bihar, Patna 2.

Director (Primary Education), Human Resources Development Department, Government of Bihar, Patna.

3.

District Education Officer, Nalanda District, Bihar Sheriff 4.

Sri Kabir Keshav Middle School, Navadiha, through its Principal P.O. Dhurgaon, P.S. Hilsa, District Nalanda.

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

For the Petitioner/s :

Mr.K.M.Joseph For the Respondent/s :

Mr.Ashutosh Ranjan Pandey (Aag15) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-05-2019 The present writ petition has been filed for directing the respondents to approve the appointment of the petitioner with effect from 20.12.2011 as Assistant Teacher in the Minority School Sri Kabir Keshav Middle School, Navdiha and sanction payment of the arrears of salary as well as current salary without any delay.

The short facts of the case are that the petitioner was appointed vide letter dated 20.12.2011, whereafter she had submitted her joining on 22.12.2011, however, no action was taken by the State-respondents despite her case being forwarded

Patna High Court CWJC No.9695 of 2019(2) dt.02-05-2019 2/3 by the Principal for approval of the appointment to the District Education Officer, Nalanda, however, subsequently, by a letter dated 5.12.2015, the District Education Officer, Nalanda had communicated to the Principal of the school in question that since there was a ban on appointment of Assistant Teachers in aided elementary schools managed by the Managing Committee, the District Education Officer, Nalanda was not able to process the request.

The learned counsel for the petitioner has submitted that it is a well settled law that right to establish and administer educational institutions is valuable fundamental right of minority institutions under Article 30(1) of the Constitution of India and that cannot be made nugatory by the State action. Per contra, the learned counsel for the State submits that appropriate direction be issued by this Court, whereupon a final decision with regard to approval of the services of the petitioner shall be taken, subject to availability of vacant post. Having regard to the facts and circumstances of the case, the present writ petition is disposed of with a direction to the respondents to take appropriate decision with regard to the approval of the services of the petitioner as Assistant Teacher on available vacant post within a period of eight weeks from the

Patna High Court CWJC No.9695 of 2019(2) dt.02-05-2019 3/3 date of receipt / production of a copy of this order. (Mohit Kumar Shah, J) ajay gupta/- U