Madhuri Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15435 of 2019 ====================================================== Madhuri Sinha W/o - Shri Raj Bhushan Prasad, Resident of Ratnakar Bhawan, Kund Road, Rajgir, District- Nalanda. ... ... Petitioner/s

Versus

1.

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

2.

The District Teacher Appellate Authority, Nawada, Bihar. 3.

The District Superintendent of Education, Nawada. 4.

The District Programme Officer (Estt.), Nawada. 5.

The Block Development Officer, Block - Akbarpur, District- Nawada. 6.

The Block Education Officer, Block - Akbarpur, District- Nawada. 7.

The Panchayat Secretary, Panchayat Raj - Panti, Block - Akbarpur, DistrictNawada. 8.

The Selection Committee of Panchayat Raj- Panti, Block- Akbarpur, District- Nawada.

9.

The Mukhiya, Panchayat Raj - Panti, Block - Akbarpur, District- Nawada. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shri Prakash Srivastava, Advocate For the Respondent/s :

Mr.Prabhakar Jha (GP 27) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-01-2024 1.

Heard learned counsel for the parties concerned. 2.

The petitioner has filed the present writ application seeking following reliefs :- "(1) To issue a writ in the nature of certiorari for quashing of office order dated 15.05.2019, passed by respondent no. 4, by which the claim of the petitioner for treating him as valid teacher has been rejected.

(2) To issue a writ in the nature of certiorari

Patna High Court CWJC No.15435 of 2019(3) dt.02-01-2024 2/3 for quashing of office order dated 15.05.2019, passed by respondent no. 4, as the same is per-se illegal, unauthorized and incomplete documents filed by the petitioner dated 09.01.2019, which was duly received in the office of respondent no. 4.

(3) To reinstate the petitioner with all consequential benefits."

3.

Learned counsel for the State submits that the District Teachers Appellate Authority has been constituted for redressal of grievances of the teachers including Panchayat Teachers, however instead of approaching the concerned District Teachers Appellate Authority, the petitioner has directly approached this Court challenging the impugned order passed by the District Programme Officer (Estt.), Nawada.

4.

In view of the fact that District Teachers Appellate Authority is functional, the present writ application stands disposed with liberty to the petitioner to approach the District Teachers Appellate Authority, Nawada, Bihar by filing an appropriate appeal.

5.

It is needless to state that in case, appropriate appeal is filed within a period of one month from today, the

Patna High Court CWJC No.15435 of 2019(3) dt.02-01-2024 3/3 same shall be considered by the District Teachers Appellate Authority, Nawada, Bihar, in accordance with law and disposed within a period of six months from today. 6.

The writ petition stands disposed off on the aforesaid terms.

(Anil Kumar Sinha, J) rinkee/- U