← Library
Patna High CourtCWJC/10828/2014dismissed

Sushma Kumari v. The State Of Bihar And ORS

2016-12-20Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10828 of 2014 =========================================================== Sushma Kumari, Daughter of Ram Prit Kushwaha, Resident of Mohalla - Lakshmi CHowk, P.O. M.I.T., P.S. Brahampur, District - Muzaffarpur .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna

2. The Director, Primary Education, Govt. of Bihar, Patna

3. The District Magistrate, Muzaffarpur

4. The District Teacher, Employment Appellate Tribunal through its Memer, Muzaffarpur

5. The District Education Officer, Muzaffarpur

6. The District Programme Officer ( Establishment ), Muzaffarpur

7. The Block Development Officer, Meenapur, Muzaffarpur

8. The Block Education officer, Meenapur, Muzaffarpur

9. The Selection Committee of Panchayat Majhaulia through the Mukhiya, Block Meenapur Muzaffarpur

10. The Mukhiya, Majhaulia Panchayat, Block Meenapur, Distt. - Muzaffarpur

11. The Panchayat Sachiv, Majhaulia Panchayat, Block Meenapur, Distt. - Muzaffarpur

12. Rahmat Ali S/o Anwarul Hque Posted of Rajkiye Prathmik Vidyalaya, Hazaratpur

13. Rambha Kumari D/o Parichan Rao Posted of Rajkiye Prathmik Vidyalaya, Hazaratpur null

14. Sunita Kumari S/o Hari Narayan Singh Posted of Rajkiye Prathmik Vidyalaya, Hazaratpur ( Harizan ) null

15. Manoj Kumar S/o Ram CHandra Prasad, Posted of Rajkiye Prathmik Vidyalaya, Astalakpur

16. Dinesh Kumar S/o Chaturbhuj Ray, Posted of Rajkiye Prathmik Vidyalaya, Majhauliya

17. Kumari Lalita D/o Sankar Lal Mahto, Posted of Rajkiye Prathmik Vidyalaya, Bishunpur Respondent 12 to 17 at P.S. + Block Meenapur, Distt. - Muzaffarpur .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Krishna Kant Singh For the Respondent/s : Mr. AAG3- Roy Shivajee Nath =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 20-12-2016 Heard learned counsels for the parties.

The submission of the counsel does not merit

Patna High Court CWJC No.10828 of 2014 dt.20-12-2016 2/2 consideration, because in the changed circumstances, no person can be appointed as a Teacher in the State of Bihar without proper training after 31st of March, 2015 and without such a person passing the Teachers Eligibility Test (TET) examination. Even otherwise, appointment relates to the year, 2006. Ten years have gone past and finding of the Tribunal is that the allegation of the petitioner is more made than made out. Since, even after interference with the order of the Tribunal, the petitioner cannot be ordered to be appointed, that is why the Court says that the whole issue now remained academic and no relief can be granted to the petitioner. In view of the aforesaid facts and circumstances, writ application is dismissed.

(Ajay Kumar Tripathi, J) SKM/- AFR/NAFR N.A.F.R.

CAV DATE Uploading Date 21.12.2016 Transmission Date