Bharti Kumar@ Bharti Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14682 of 2014 ====================================================== Bharti Kumar@ Bharti Devi wife of Surendra Thakur, D/o Chandra Kishore Sharma resident of village - Kalaunjar, Police Station - Chak Mehsi, Via - Pusa, District - Samastipur.

.... .... Petitioner

Versus

1. The State of Bihar.

2. The Director, Primary Education, Government of Bihar, Patna.

3. The District Magistrate, Samastipur.

4. The District Programme Officer, Samastipur. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No-2, Advocate. For the Respondent/s : Mr. Anirban Kundu SC-24 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-12-2017 Heard learned counsel for the petitioner and learned counsel for the respondents.

The following reliefs have been sought for on behalf of the petitioner in the present writ application:- (i) "For directing the respondent authorities to appoint the petitioner on the post of Assistant Teacher in Government Basic School in the district of Samastipur.

(ii) For setting aside the order dated 22.08.1986 contained in Memo No.3223 issued under the signature of District Magistrate-cum-Chairman, District Establishment Committee, Samastipur by which the appointment of the petitioner on the post of Assistant Teacher has been cancelled.

(iii) For setting aside the order dated 20.10.1993 contained in Memo No.745 issued by the Director, Primary Education by which representations filed by the petitioner against cancellation of her

Patna High Court CWJC No.14682 of 2014 (2) dt.05-12-2017 2/2 appointment on the post of Assistant Teacher has been rejected."

The petitioner has challenged Annexure-3 order dated 22.08.1986 and Annexure-5 order dated 20.10.1993. Vide Annexure-3, the services of the petitioner was cancelled on the ground that he did not possess requisite qualification for the appointment of Assistant Teacher. The said order was challenged in C.W.J.C. No.7036 of 1991. The Hon'ble High Court vide order dated 18.12.1992 remitted the matter back for reconsideration and passed a fresh order. In pursuance to the direction of the Hon'ble Court, the Director, Primary Education, Govt. of Bihar, Patna passed a reasoned order vide Memo No.745 dated 20.10.1993, which is under challenge in the present writ application along with the Annexure-3. After a period of 21 years, the present writ application has been filed challenging the orders, under challenge. I find not reason to interfere with the orders under challenge. No explanation has been tendered on behalf of the petitioner, in respect to delay of 21 years.

The present writ application stands dismissed. (Sudhir Singh, J) Amit/- U