Binita Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23272 of 2013 ======================================================

1. Binita Kumari D/O Late Prabhu Pandit Resident Of Village- Jhajhwa, Post Office- Jhajhwa, Police Station- Sidhwalia, District- Gopalganj. .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Principal Secretary, Human Resources Development Department Government of Bihar, Patna.

3. The Director, Primary Education, Bihar, Patna

4. The Division Commissioner, Saran Division at Chapra

5. The District Magistrate, Gopalganj, District- Gopalganj

6. The Deputy Development Commissioner- cum- Chairman, District Education Establishment Committee, Gopalganj

7. The District Programme Officer (Establishment), Gopalganj

8. The Block Development Officer, Sidhwalia, District Gopalganj

9. The Block Education Extension Officer, Barauli, District Gopalganj

10. The Mukhiya, Gram Panchayat Raj Sadauwa, Block- Barauli, Police Station Sidhwallia, District Gopalganj 11.The Panchayat Secretary, Gram Panchayat Raj Sadauwa, Block- Barauli, Police Station- Sidhwalia, District Gopalganj

12. Meera Kumari D/o Sri Ramchandra Prasad, Resident of Village- Sareya Pahar, Post Office Barhima, Police Station Sidhwalia, District Gopalganj

13. Asha Dvivedi wife of Sri Arvind Dubey, Resident of village- Sareya Pahar, Post Office- Barhima, Police Station Sidhwalia, District Gopalganj

14. The Member, District Teachers Employment Appellate Authority, Gopalganj .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Kumar Singh For the Respondent/s : Mr. K.K.Jha, AAG 14 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 09-01-2015 Heard learned counsel for the petitioner and counsel for the State.

Petitioner has been harping on the fact that the private respondent is married in Uttar Pradesh and she was also employed in Uttar Pradesh. That being so, she cannot be treated as resident of Bihar, therefore, her selection and appointment as a

Patna High Court CWJC No.23272 of 2013 (2) dt.09-01-2015 2/3 Panchayat Teacher is misplaced. The Tribunal has wrongly held her appointment to be correct and the impugned order contained in Annexure- 13 dated 25.9.2013 passed in Appeal Case No.13 of 2011 is required to be set aside.

The Court is not impressed with the submission and contention of the counsel for the petitioner because such a submission was even made before the learned Tribunal. The Tribunal has considered every aspect of the matter including the right, status and the law prevalent on the subject. Mere matrimony of the private respondent does not make her a nonresident of Bihar when the facts stand that her father is very much resident of Bihar and she continues to have even legal interest which has been dealt with in the concluding part of the order of the Tribunal.

The ground which the petitioner is urging cannot be a ground for removal of the private respondent or her selection and appointment as a Panchayat Teacher. Even if the petitioner is insistent that the private respondent was working and worked in Uttar Pradesh it does not make a difference to her right for such consideration and selection.

Writ is dismissed.

Office is directed to return the counter affidavit of

Patna High Court CWJC No.23272 of 2013 (2) dt.09-01-2015 3/3 the State which has been wrongly filed because the name of the present petitioner tallied with the counter affidavit of yet another case with the same name.

(Ajay Kumar Tripathi, J) sk U