Anju Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 13626 of 2011 ====================================================== ANJU DEVI W/O Basisth Prasad R/O Vill. Bairiya Durg, P.O.-Jagarnath, P.S.-Uchaka Gaon, Distt.-Gopalganj.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

The Director, Integrated Child Development Services Bihar 2nd Floor, Indira Bhawan, R.C. Singh Path, P.O. Punaichak, P.S. Punaichak, Distt. Patna.

3.

The District Magistrate, Gopalganj.

4.

The C.D.P.O. Uchakagaon P.O. And P.S. Uchakagaon, Distt. Gopalganj. 5.

Mukhiya, Gram Panchayat Raj Bairiya Durg, P.O. Jagarnath, P.S. Uchakagaon, Distt. Gopalganj.

6.

Panchayat Secretary, Bairiya Durg, P.O. Jagarnath, P.S. Uchakagaon, Distt. Gopalganj.

7.

Babita Devi W/O Shri Shailendra Prasad Kushawaha R/O Vill. Bairiya Durg, P.O. Jagarnath, P.S. Uchakagaon, Distt. Gopalganj. Divisional Commissioner, Saran at Chapra 8.

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

For the Petitioner/s :

M/s Rajesh Kr Sharma, Shyama Kant Singh, Advocates For the S t a t e :

Mr Anuj Kumar, AC to GP XXIV For Respondent/s No 7 :

M/s Vijay Shankar, Shiv Kr, Pritish Ranjan, Advs ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 26-08-2019 Learned counsel for the petitioner is permitted to implead Divisional Commissioner, Saran as respondent No 8. Heard learned counsel for the petitioner and the respondent-State.

The issue, whether the Panchayat Teacher (husband of the petitioner) was a Government servant or not so as to disqualify the candidature of the writ petitioner, has been raised

Patna High Court CWJC No.13626 of 2011(10) dt.26-08-2019 2/2 in the instant proceeding.

Petitioner has not availed the remedy of appeal before the Divisional Commissioner.

Learned counsel for the State submits that the matter is required to be determined upon seeking the stand of the Education Department in this regard. Further stand of the State Counsel is that without availing the remedy of appeal before the Commissioner, the petitioner has directly rushed to this Court. Having regard to the said submission, this Court would grant liberty to the petitioner to avail the remedy of appeal before the Commissioner within four weeks. The petitioner as well as private respondent No 7 would appear before the Appellate Authority on or before 30th of September, 2019 so as to facilitate adjudication of dispute by respondent No 8, on merits.

Matter stands disposed of in the aforesaid terms. (Madhuresh Prasad, J) M.E.H./- U