Wahida Tabassum v. The State Of Bihar And ORS

Patna High Court CWJC No.4449 of 2013 (2) dt.14-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4449 of 2013 ====================================================== Wahida Tabassum D/O Shafi Ahmad Resident Of Village- Khariya Basti, Ward No. 12, P.S- Araria, District- Araria.

.... .... Petitioner/s

Versus

1. The State Of Bihar Through Chief Secretary, Department Of Human Resources Development Bihar, Patna.

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

3. The District Magistrate, Araria, Distt- Araria.

4. The District Education Officer, (D.E.O) Cum District Programming Officer, District- Araria.

5. The Block Cum Extention Officer, Araria, P.S- Araria,District- Araria.

6. The Mukhiya, Gram Panchayat Raj Basantpur, P.S- Araria, Block Araria, District- Araria. Null Null

7. The Panchayat Secretary, Gram Panchayat Raj Basantpur, Block- Araria, District- Araria.

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

For the Petitioner/s : Mr. Manish Kumar Mr. Ziaul Quamar For the Respondent/s : Mr. Mrityunjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 14-01-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner has raised a grievance that though she has been selected as Panchayat Teacher but the Headmaster of the school did not allow her to join the post. As it appears from the record, the petitioner has applied in the second phase of appointment of the Panchayat Teachers and in pursuance thereof he was called for the

Patna High Court CWJC No.4449 of 2013 (2) dt.14-01-2016 counselling. Ultimately, she was selected but when she went to the school, which was allotted to her, to join the post, the Headmaster of the school did not allow her to join the post. Nowhere in the writ application the petitioner has stated about the finality of the appointment and it does not appear from the record as nowhere any statement has been made that any person has challenged the appointment of the petitioner before any Forum and Authority.

Be that as it may, the petitioner is directed to file a representation before the Collector, Araria, who will examine the case of the petitioner and pass necessary order in accordance with law. It goes without saying that if the appointment of the petitioner has not been challenged the Headmaster of the concerned school cannot be allowed to refuse to accept the joining of the petitioner. With the aforesaid observations and directions, this writ petition stands disposed of.

(Shivaji Pandey, J) pawan/- U