Poonam Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15978 of 2012 ====================================================== Poonam Devi Wife Of Sri Laxmi Narain Mahto, Resident Of Mohulla- Bara Bazar, Shankarpur, P.S.- Madhubani Town, District- Madhubani (Bihar) .... .... Petitioner/s

Versus

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

2. The State Project Director, Bihar Education Project Council Beltron Bhawan, Shastri Nagar, Patna- 23

3. The State Program Coordinator, Sarb Shiksha Abhiyan, Bihar, Patna

4. The District Magistrate cum Chairman, Bihar Education Project DistrictMadhubani

5. The District Education Officer, Madhubani

6. The District Program Officer (Establishment), Madhubani

7. The District Gender Coordinator, Sarb Shiksha Abhiyan, Madhubani

8. The Block Education Officer, Benipatti, Madhubani

9. Smt. Manju Jha, Secretary, Abhigyan Disa (N.G.O.) Cum Organizer, Kasturaba Gandhi Balika Vidyalaya, Benipatti, Madhubani .... .... Respondent/s ====================================================== Appearance :

For the Petitioner : Mr. Gautam Kumar Mishra, Advocate For Bihar Education Project : Mr. Girijesh Kumar, Advocate For the State : Mr. Sanjay Kr. Giri, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-08-2017 In the present writ application, the petitioner has sought for quashing of the letter No.962 dated 25.07.2012, by which the services of the petitioner has been terminated by the District Program Officer, Madhubani.

The petitioner was appointed on a contractual basis for a period of one year in Kasturba Gandhi Balika Vidyalaya, Madhubani as a part time teacher taking into account the nature of engagement of the petitioner. It is purely on contractual basis

Patna High Court CWJC No.15978 of 2012 (3) dt.16-08-2017 2/2 under the scheme of Serve Shiksha Abhiyan run by the Bihar Education Project Council. By virtue of such appointment, no substantive right or legal right has accrued in favour of the petitioner as to keep continuing on the said post. The petitioner if so advised may file an application before the State Project Director, Bihar Education Project Council, which shall be considered by him and disposed of within a period of six months from the date of filing of such application. Against the order of the State Project Director, Bihar Education Project Council, the only remedy available to the petitioner is to prefer a suit before the competent court as in a number of cases it has been held by this Court that the writ is not maintainable. With the aforesaid observation and direction, the present writ application stands disposed of.

(Sudhir Singh, J) Narendra/- U