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Patna High CourtCWJC/9981/2023disposed

Manish Kumar v. The State Of Bihar

2024-12-04Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9981 of 2023 ====================================================== Manish Kumar Son of Sri Kapildeo Sharma Resident of Village-Maizra, P.O.- Madhar, P.S.-Ben, District-Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna. 2.

Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna.

3.

Principal Secretary, Panchayati Raj Department, Govt, of Bihar, Patna. 4.

Director, Primary Education, Bihar, Patna.

5.

District Education Officer, Nalanda at Bihar Sharif 6.

District Programme Officer, Nalanda at Bihar Sharif 7.

Block Education Officer, Ben Block, District-Nalanda. 8.

Head Master, Middle School, Ramganj, District-Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ritesh Kumar, Advocate For the Respondent/s :

Mr.Subhash Chandra Mishra ( Sc 16 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-12-2024 Heard learned counsel for the petitioner and learned counsel appearing on behalf of respondent/State.

2. This writ petition has been filed for quashing the letter no. 211 dated 12.06.2023 issued by the Block Panchayati Raj Officer-cum-Member Secretary, Block Education Employment Unit, Bena (Nalanda) whereby and whereunder the petitioner has been terminated from the post of Block Teacher, Middle School Ramganj.

3. At the outset, learned counsel for the State raises

Patna High Court CWJC No.9981 of 2023(2) dt.04-12-2024 2/3 preliminary objection on the maintainability of writ petition and submits that the petitioner has got alternative remedy of filing appeal before the District Appellate Authority under Rule 13 of the Bihar State Teaching Institutions Teachers and Employees (Disputes Redressal and Appeal) Rules, 2020 (for short "Rules, 2020), which deals with the power and functions of the District Appellate Authority.

4. Learned counsel for the petitioner does not dispute the above proposition.

5. It is settled law that where a right or liability is created by a statute which gives a special remedy for enforcing it, the remedy provided by the statute alone must be availed of. Since, the petitioner has got statutory alternative remedy of filing appeal before the District Appellate Authority under Rule 13 of the Rules, 2020, this Court is not inclined to interfere in the matter in its extra-ordinary writ jurisdiction.

6. Accordingly, writ petition is disposed of with direction to the petitioner to file an appeal before the concerned District Appellate Authority. In the event, such appeal is filed within six weeks from today, the same shall be disposed of by a reasoned order in accordance with law after hearing the parties.

7. Needless to state here that the issue of limitation, if

Patna High Court CWJC No.9981 of 2023(2) dt.04-12-2024 3/3 any, arises, the same may be considered as the petitioner was pursuing the matter before this Court.

8. With above observation & direction, the writ petition stands disposed of.

(Prabhat Kumar Singh, J) anay U