Girish Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12253 of 2022 ====================================================== Girish Kumar Singh S/o Devendra Singh Resident of Vill- Bharthui Garh, Jiradei, Distt.- Siwan.

... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Education Department, Govt. of Bihar, Patna. 3.

The Director, (Secondary and Higher Education), Education Department, Govt. of Bihar, Patna.

4.

The District Education Officer, Siwan.

5.

The District Programme Officer, Madhyamik Shiksha evam Saksharta, Siwan. 6.

The Vice-Chancellor, Jay Prakash University, Chapra, Saran. 7.

The Registrar, Jay Prakash University, Chapra, Saran. 8.

The Principal, Desh Ratna Rajendra Mahavidhyalaya, Jiradei, Siwan. 9.

The Chairman, Bihar School Examination Board, Patna. 10.

The Secretary, Bihar School Examination Board, Patna. 11.

Dr. Shailendra Kumar Son of not known to the petitioner, Ex- Principal, Desh Ratna Rajendra Mahavidhyalaya, Jiradei, Siwan. 12.

Smt. Vandana Mall, Wife of not known to the petitioner, Principal, Desh Ratna Rajendra Mahavidhyalaya, Jiradei, Siwan.

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

For the Petitioner/s :

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

Mr. Jitendra Kumar Roy 1 ( Sc 13 ) Mr. Hitesh Suman, AC to SC- 13 For the B.S.E.B.

:

Mr. Sunil Kumar Mandal, Advocate For the University :

Mr. Bindhaychal Rai, Advocate Mr. Chandan Kumar, Advocate For the Resp. Nos. 11&12:

Mr. Jeetendra Narayan, Advocate Mr. Arun Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL ORDER 04-09-2024 This writ petition has been filed by the petitioner seeking a direction to remove the respondent No. 12 from discharging her duties as Principal of Deshratna Rajendra Mahavidhyalaya, Jiradei, Siwan, contending that she does not possess the requisite qualification and experience to discharge the duties of the Principal.

2. Learned counsel for the respondent Nos. 9 and 10, as well as respondent Nos. 11 and 12 have submitted that Deshratna Rajendra Mahavidhyalaya, Jiradei, Siwan is a Government-aided

Patna High Court CWJC No.12253 of 2022(6) dt.04-09-2024 2/2 school and is being governed by private governing body, as defined in Rule 2(ix) of the Bihar State Teaching Institutions Teachers and Employees (Dispute Redressal and Appeal) Rules, 2020 (hereinafter referred to as 'the Rules').

3. In that view of the matter, learned counsel for the respondents, by referring to Rule 13(vii) of the Rules, 2020, has submitted that the petitioner has an alternative remedy to approach the concerned District Appellate Authority.

4. On the contention being raised by learned counsel for the respondents that the petitioner has an alternative remedy before the concerned District Appellate Authority as indicated hereinabove, the learned counsel for the petitioner has submitted that this writ petition may be disposed of with liberty to the petitioner to approach the concerned District Appellate Authority.

5. Accordingly, as prayed for by learned counsel for the petitioner, this writ petition is hereby disposed of with liberty granted to the petitioner to approach the concerned District Appellate Authority for redressal of the grievances raised in the present writ petition.

6. The writ petition is disposed of in terms above. (Nani Tagia, J) Siddharth Sagar/- U