Patna High CourtCWJC/18704/2015disposed

Sabiha Khatoon v. The State Of Bihar And ORS

2018-12-03Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18704 of 2015 ====================================================== Sabiha Khatoon, Daughter of Md. Mahtab Alam, Resident of VillagePalsakhurd, P.O. and P.S.- Chandradip, District- Jamui. ... ... Petitioner/s

Versus

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

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

3. The District Education Officer, Jamui, District- Jamui.

4. The Block Education Officer, Aliganj, District- Jamui.

5. The Headmaster, Navin Prathmik Vidyalaya, Makatab Bela, Aliganj, District- Jamui.

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

For the Petitioner/s :

Mr. Amar Prakash, Advocate For the Respondent/s :

Mr. Ashish Kumar Lal, AC to GA-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 03-12-2018 Heard learned counsel for the petitioner and the respondents.

2. Learned counsel for the petitioner submits that the petitioner has approached this Court without exhausting the alternative remedy available in the nature of appeal before the District Teachers Employment Appellate Authority. He submits that the petitioner may be granted liberty to approach the Appellate Authority so that his grievance on fact all well as on law may be appropriately decided by the Appellate Authority.

3. In view of the above, the writ application is disposed of with liberty to the petitioner to file appeal before the Appellate Authority. In the event, such appeal is filed by the petitioner within

Patna High Court CWJC No.18704 of 2015 dt.03-12-2018 2/2 a period of one month from today along with a copy of this order, the District Teachers Employment Appellate Authority will decide the same after condoning the delay, if any, in filing the appeal, as the petitioner was pursuing her remedy before this Court.

4. With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 10.12.2018 Transmission Date