Pushpa Kumari @ Pushpa Devi v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.22432 of 2014 ====================================================== Pushpa Kumari @ Pushpa Devi Wife of Jailal Paswan Resident of VillageMajhauli, P.O.- Kawath, Block- Dawath, District- Rohtas. ... ... Petitioner/s
Versus
1.
The State Of Bihar, through the Secretary, Human Resources Department, Bihar, Patna.
2.
The District Magistrate, Sasaram at Rohtas.
3.
The District Education Officer, Sasaram at Rohtas. 4.
The Block Development Officer, Dawath under District- Sasaram at Rohtas. 5.
The Block Education Extension Officer, Dawath under District- Sasaram at Rohtas.
6.
Panchayat Secratary of Sahinow Panchayat under Block- Dawath, DistrictRohtas at Sasaram. 7.
Reshmi Devi Wife of Manu Singh at present Mukhia at the Sahihow Panchayat, resident of village- Chitani, P.O.- Chatara, Block- Dawath, District- Rohtas at Sasaram.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramesh Kumar Singh, Advocate For the Respondent/s :
Mr. Nadeem Seraj, GP-5 Mr. Shailesh Kumar, AC to GP-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-11-2023
1. Heard learned counsel for the parties.
2. The petitioner has filed the instant application for the following relief(s):- "1. That this is an issuance of application for an appropriate writ(s), order(s) direction(s) to the respondents to make the counseling for the post of Panchayat Teacher in Sahinow Panchayat under Block Dawath on the ground of a persons who has got less marks and less weightage as 60.77% who has been appointed/ selected and petitioner has got higher
Patna High Court CWJC No.22432 of 2014(4) dt.22-11-2023 2/3 marks and higher weightage as 63.77%. Subsequently petitioner has not been appointed whether petitioner has applied for the appointment of Panchayat Teacher in Sahinow Panchayat and receipt has been awarded to the petitioner as Receipt No.1216 and after counseling further given the direction respondent to to consider the name the of petitioner for appointment/ selection on the post of Panchayat Teacher in Sahinow Panchayat under Block-Dawath, District- Rohtas."
3. After some argument, learned counsel for the petitioner seeks permission to withdraw this application to move in appeal before the District Appellate Authority, Rohtas in accordance with the Bihar Panchayat Elementary School Service (Appointment, Promotion, Transfer, Disciplinary Proceeding and Service Condition) Rules, 2020.
4. At this stage, learned counsel for the petitioner submits that so far as respondent no.7 in the instant application is concerned, the same is an error of record. It will be open for the petitioner to make appropriate correction when he files an appeal before the appellate authority.
5. In case the appeal is filed within a period of four weeks, the appellate authority shall take into consideration the period for which the instant application was being pursued by the petitioner in this Court and shall proceed to decide the appeal on its own merits.
Patna High Court CWJC No.22432 of 2014(4) dt.22-11-2023 3/3
6. This application stands disposed of with the aforesaid liberty.
(Partha Sarthy, J) Shiv/- U