Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12044 of 2022 ====================================================== Sumit Kumar Son of Sri Bipin Singh, Resident of village- Nagwan, P.O.- Chorauli, P.S.- Bhagwanpur Hatt, District- Siwan. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Director, Primary Education, Govt. of Bihar, New Secretariat, Patna.

2.

The Director, Primary Education, Government of Bihar, New Secretariat, Patna.

3.

The District Magistrate, Gopalganj.

4.

The Deputy Development Commissioner, Gopalganj. 5.

The District Education Officer, Gopalganj.

6.

The District Programme Officer (Establishment), Gopalganj. 7.

The Panchayat Secretary, Panchayat Teachers Employment Committee, Gram Panchayat Raj, Bandhauli Banaura, Block- Baikunthpur, DistrictGopalganj. 8.

The Block Education Officer, Baikunthpur, P.O. and P.S.- Baikunthpur, District- Gopalganj.

9.

Rajeev Suman Son of Sri Surendra Kumar Singh, Resident of Village- Karn Kudariya, P.O.- Dumarsan Bangra, P.S.- Mashrakh, District- Saran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bipin Bihari Singh For the Respondent/s :

Mr. Prabhakar Jha (GP-27) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-10-2023

1. Heard learned counsel for the parties concerned.

2. The petitioner has filed the present writ application for direction to the respondent authorities for his selection as Panchayat Teacher after removal of private respondent no. 9 from the post of Panchayat Teacher under Bandhauli Banaura Gram Panchayat, Baikunthpur, Gopalganj, vide Memo No. 1139, dated 31.06.2022,

Patna High Court CWJC No.12044 of 2022(3) dt.05-10-2023 2/2 issued by the District Programme Officer (Establishment), Gopalganj, considering suitability, seniority and merit position in the merit list.

3. Learned counsel for the State submits that the District Teachers Appellate Authority has been constituted under the Rules for hearing the grievances of the teachers. The petitioner has directly approached this Court without availing the remedy before the District Teachers Appellate Authority.

4. In view of the aforesaid submissions, the present writ application is disposed with liberty to the petitioner to approach the District Teachers Appellate Authority, Gopalganj for redressal of his grievance.

5. It is made clear that if any appeal is filed by the petitioner, the District Teachers Appellate Authority shall dispose the same in accordance with law expeditiously, preferably within a period of six months.

6. With the aforesaid observation and direction, this writ application is disposed.

(Anil Kumar Sinha, J) ashwani/- U