Anjani Bharti v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.603 of 2015 In Civil Writ Jurisdiction Case No. 3042 of 2013 ====================================================== Anjani Bharti, wife of Sri Umesh Paswan, resident of Village and P.O. Marba, P.S.-Bihpur, District- Bhagalpur, at present posted as a Teacher in Primary School, Poddar Tola, Marba, Bihpur, Bhagalpur. .... .... Petitioner/s
Versus
1. The State of Bihar, through its Chief Secretary Sri Anjani Kumar Singh.
2. Subhas Kumar Gupta, District Programme Officer (Establishment), Department of Education, Bhagalpur.
3. Renu Kumari, wife of Niranjan Kumar, resident of Village & P.O. Marba, P.S.- Bihpur, District- Bhagalpur.
.... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Abhimanyu Vatsa, Advocate For the S t a t e : Mr. Ashok Kumar Dubey, AC to AAG-11 For O.P. No.3 : Mr. Rakesh Kumar, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 16-02-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State as well as the learned counsel appearing for O.P. No.3.
The case of the petitioner for invoking the contempt jurisdiction of this Court appears to be misconceived inasmuch as the petitioner, who herself is a Panchayat Teacher, could not be considered for the post of Headmistress in view of the Division Bench judgment.
So far as the continuation of Renu Kumari (O.P. No.3) on the post of Acting Headmistress in the said School is
Patna High Court MJC No.603 of 2015 (8) dt.16-02-2018 2/2 concerned, her case is that she has not been appointed as full Incharge Headmistress, rather she is continuing as a Principal Teacher in a Primary School. There is no post of Headmistress existing in any Primary School.
The case of Meena Sinha v. State of Bihar & ors., as reported in 2012(2) PLJR 587, is at variance with the present case as it relates to the Primary Schools and not Middle Schools. Learned counsel for the State thus submits that no case for contempt is made out.
The contempt application stands dismissed.
(Anjana Mishra, J) PNM U