Om Prakash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7304 of 2023 ====================================================== Om Prakash Yadav Son of Late Ram Babu Yadav Resident of Village- Ward No. 6, Ghar Kisanipatti, P.S.- Phulparas, District- Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary, Education Department, New Secretariat, Patna.

2.

District Education Officer, West Champaran, Bettiah. 3.

District Programme (Establishment) Officer, Education Department, West Champaran, Bettiah.

4.

Headmaster, Government Primary School, Harpur Harijan Basti, Chanpatia, District- West Champaran, Bettiah.

5.

Panchayat Secretary, Gram Panchayat, Jaitia, Block- Chanpatia, DistrictWest Champaran, Bettiah. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pratap Sharma, Advocate For the Respondent/s :

Mr. Prabhakar Jha (Gp27) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-11-2024 Heard learned counsel for the parties.

2. The present application has been filed for directing the respondent authorities to accept the joining of petitioner on the post of Panchayat Teacher, which has been submitted by petitioner on 18.01.2022, on the basis of fitness certificate of Medical Officer.

3. At the outset, learned counsel for the State appears and raises preliminary objection with regard to the maintainability of this writ application on the ground that petitioner has got alternative remedy before the District

Patna High Court CWJC No.7304 of 2023(6) dt.12-11-2024 2/2 Appellate Authority. He further submits that no reason has been assigned, as to why this writ application shall be heard by this Hon'ble High Court, even when alternative remedy to move before the District Appellate Authority is available to the petitioner.

4. Learned counsel for the petitioner is not in a position to dispute the contentions made on behalf of the State.

5. Considering the aforesaid facts and circumstances, this writ petition is disposed of with direction to petitioner to move before the concerned District Appellate Authority by filing appeal and the District Appellate Authority is directed to proceed in the matter and dispose of the same in accordance with law, as expeditiously as possible.

6. With the aforesaid observations and directions, this writ application is disposed of.

(Prabhat Kumar Singh, J) Navya/- U