Sheela Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22062 of 2014 ====================================================== Sheela Kumari W/o Jaikant Prasad Resident of Mohalla Aam Gola Near Kalyani Naka, P.S. Kazimohammadpur, District Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State Of Bihar through Principal Secretary, Education Department, Bihar, Patna 2.

Director, Secondary Education, Bihar, Patna.

3.

The Regional Deputy Director, Education, Tirhut Division, Muzaffarpur. 4.

District Education Officer, Muzaffarpur.

5.

District Programme Officer Establishment, Muzaffarpur. 6.

Principal Ram Janki Project Girls High School, Mahdaiya, P.O. Minapur, District Muzaffarpur.

7.

Smt. Kamla Devi, Assistant Teacher, Ram Janki Project Girls High School Mahdaiya, P.O. Minapur, Dist- Muzaffarpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Naresh Singh For the Respondent/s :

Mr.Sc32- R.K. Priyadarshi ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-05-2019 The present writ petition has been filed for quashing the order dated 17.11.2014 passed by the Director, Secondary Education, Bihar, Patna to the effect that the private respondent no. 7 has been placed above the petitioner herein, in the seniority list on the basis of having obtained the degree of Sangeet Prabhakar w.e.f. 25.06.1989.

The learned counsel for the petitioner submits that the respondent no. 7 was untrained till 01.01.1989 and within a short span of 05 months, she obtained Sangeet Prabhakar degree, hence it is required that some authority should examine

Patna High Court CWJC No.22062 of 2014(4) dt.20-05-2019 2/3 the case of the petitioner, so that the real facts can be verified and in case, the degree of the private respondent no. 7 is not valid, the petitioner would be liable to be placed above the respondent no. 7.

Per contra, the learned counsel appearing for the State and respondent no. 7 submit that they do not have any objection, if the case of the said respondent no. 7 is examined and her degrees are verified by the Director, Secondary Education, Bihar, Patna.

Having regard to the facts and circumstances of the case, this Court directs that the Director, Secondary Education, Bihar, Patna shall examine the case of the petitioner and the respondent no. 7, comparing their educational qualifications etc., to ascertain as to who is to be placed senior in the seniority list and accordingly decide their claims, after giving an opportunity of hearing to the petitioner and the respondent no. 7. In order to enable the aforesaid exercise to be completed expeditiously, I direct the respondent no. 7 and the petitioner to appear before the Director, Secondary Education, Bihar, Patna on 18.06.2019 at 4 pm, whereupon the respondent no. 2 shall dispose of the case by deciding the issue in hand conclusively within a period of six weeks thereafter.

Patna High Court CWJC No.22062 of 2014(4) dt.20-05-2019 3/3 The present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- U