Kumari Ratna Jha v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5269 of 2014 ======================================================
1. Kumari Ratna Jha D/O Late Shashi Nath Jha Resident Of Village + P.O. + P.S. Singhiya, District Samastipur .... .... Petitioner
Versus
1. The State Of Bihar
2. The District Education Officer, Samastipur
3. The District Programme Officer, Primary Education-Cum-Bihar Education Project, Samastipur, P.O. + P.S. District Samastipur
4. The Director, Bihar Education Project Council, Patna .... .... Respondents ====================================================== Appearance :
For the Petitioner/s : Mr. Bipin Bihari Singh For the Respondent/s : Mr. Girijesh For B.E.P.C. : Mr. Rana B.N. Singh, SC to GA-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-12-2017 Heard learned counsel for the petitioner and learned counsel for the respondents.
The petitioner in the present writ application has challenged the order dated 17.01.2014 passed by the Director, Bihar Education Project Council, Patna, by which the claim of the petitioner for her reinstatement in service with back wages was rejected.
The engagement of the petitioner is on contractual basis under the Scheme of 'Sarva Shiksha Abhiyan' under the institution which is known as 'Kasturba Gandhi Balika Vidyalaya'.
Considering the nature of engagement, as such, no
Patna High Court CWJC No.5269 of 2014 (3) dt.04-12-2017 2/2 statutory right has accrued in favour of the petitioner, as her engagement is on contractual basis. In the circumstances, it is not required to exercise power under Article 226 of the Constitution of India. The remedy of the petitioner lie under the common law but not under Article 226 of the Constitution of India. If so advised, the petitioner may approach by filing the suit before the competent Civil Court for redressal of her grievance.
With the aforesaid observations and directions, the present writ application stands disposed of.
(Sudhir Singh, J) Amit/- U