Punita Kumari And ANR v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5211 of 2016 ======================================================
1. Punita Kumari wife of Shri Raj Kumar Choudhary resident of Village and P.O. Jandaha, P.S. Jandaha, District Vaishali.
2. Pinki Kumari wife of Shri Brahamdeo Choudhary resident of Village - Bangraha, P.O. Kachha, P.S. Vidyapatinagar, District Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Human Resource Development Department, Govt. of Bihar, Patna.
2. The Director, Human Resource Development Department, Government of Bihar, Patna.
3. The District Magistrate, Vaishali.
4. The District Education Officer, Vaishali.
5. The District Programme Officer (Establishment), Education Department, Vaishali at Hajipur.
6. The Block Development Officer, Jandaha, Vaishali.
7. The Block Education Extension Officer-cum-Secretary, Block Teacher Selecion Committee, Block Jandaha, District - Vaishali. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satyabir Bharti For the Respondent/s :
Mr. Gp21- Sanjay Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-07-2018 Heard the parties.
Following relief has been sought for in the present application on behalf of the petitioners:
"1. That the instant writ application has been preferred for issuance of appropriate writ in the nature of certiorari (i) for quashing the order dated 5.11.2015 (Annexure-8, page 50) passed by the District Teachers Employment Appellate Authority, Vaishali, District Hajipur in Appeal No. H.C. 24 of 2013 and other analogous cases by which the Tribunal upon remand by the Hon'ble Patna High Court in C.W.J.C. No. 19770 of 2011 and analogous cases has been pleased to cancel the entire
Patna High Court CWJC No.5211 of 2016(4) dt.17-07-2018 2/3 selection process for appointment of Block Teacher(s) in the Jandaha Block of the year 2008 and has further directed fresh process for appointment/selection be initiated and completed within a period of two months.
(ii) For holding that the fresh process of selection/appointment is unwarranted as the Selection Committee recommended the names of successful candidates strictly in accordance with the rules and guidelines of Teacher Selection (Amended) Rules, 2008 and accordingly published provisional merit list and thereafter issued appointment letters on 12.8.2010 as per the direction of the State Government and as such there is no illegality in the Selection Process (iii) To quash the consequential notice dated 28.01.2016 by which in compliance of the impugned order dated 05.11.2015 passed by the District Teachers Employment Appellate Authority, Vaishali the appointment of the petitioners as block teachers in the Jandaha Block, District- Vaishali has been cancelled.
(iv) To direct the Respondents to pay the arrears of salary from November, 2015 till date. (v) To pass such other order(s), direction(s) as your Lordships may deem fit and proper in the facts and circumstances of the case.
Taking into account that the order under challenge is passed by the District Teacher's Employment Appellate Authority, Vaishali in connection with Case No. H.C. 24/13, the petitioner is directed to file a statutory appeal before the State Appellate Authority within a period of 30 days. The State Appellate Authority shall dispose of the same within the statutory period.
With the aforesaid observation/direction, the present
Patna High Court CWJC No.5211 of 2016(4) dt.17-07-2018 3/3 writ application stands disposed of.
(Sudhir Singh, J) Pankaj/- U T