Kumari Subhashini @ Kumari Subasini v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14913 of 2017 ====================================================== Kumari Subhashini @ Kumari Subasini S/o Shri Rambriksh Singh R/o Village Dharmraj, P.O. Sudhani, P.S. Bhagwanpur, District - Siwan. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Teacher Employment Appellate Authority, Siwan through its Chairman.

3.

The District Magistrate, Siwan.

4.

The Panchayat Secretary, Gram Panchayat Raj, Bhikampur, P.S. - Bhagwanpur, District - Siwan.

5.

Vimal Kumar Singh S/o Kailashpati Singh Resident of Village - Nagama, P.O. - Jorauli, P.S. - Bhagwanpur, District - Siwan at present Panchayat Teacher, Gram Panchayat Raj, Bhikhampur, Block Bhikhampur Hatt, District - Siwan.

6.

Amit Kumar S/o Ramadhesh Singh Resident of Village - Rampur, P.O. - Surajpura, P.S. - Basantpur, District - Siwan at present Panchayat Teacher , Gram Panchayat Raj, Bhikhampur, Block Bhikhampur Hatt, District - Siwan.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Quamar Raza For the Respondent/s :

Mr. Madanjeet Kumar, Gp-20 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 28-11-2025 Heard learned counsel for the petitioner and learned counsel for the Respondent-State.

2. The petitioner in the present writ application has prayed for the grant of following reliefs:- "(i) For issuance of an appropriate writ in the nature of direction, commanding the respondents to appoint the petitioner on the Post of

2/4 Panchayat Teacher in Bhikhampur Panchayat under Bhagwanpur Block of Siwan District as the petitioner has higher marks in I.A.

then respondent no.5 and 6. And the petitioner applied on 07.11.2008 for which she was not called for counseling held on 09.02.2009.

(ii) For issuance of direction to the respondent to Consider the case of the petitioner for appointment of the Post Panchayat Teacher under Panchayat Teacher rules and regulation of 2008 Govt. of Bihar in which the petitioner was the fit case and has got all relevant/appropriate/higher marks an matriculation in comparison to the other candidate.

(iii) For issuance of an appropriate writ/order/direction in favour of the petitioner as your lordship may deem fit and proper in the facts and circumstances of the case."

3. Learned counsel for the petitioner submits that the petitioner was not appointed on the post of Panchayat Teacher in Bhikampur Panchayat under Bhagwanpur Block of Siwan District although, as per the petitioner, she had higher marks in

3/4 I.A. Examination than Respondent Nos. 5 and 6, the petitioner for ventilation of his grievances had filed a case bearing Complaint Case No. 325 of 2011 before the District Appellate Authority, Siwan. The District Appellate Authority, Siwan vide order dated 16.09.2014 had dismissed the case filed by the petitioner. As against the said order, the petitioner had filed the writ application bearing CWJC No. 558 of 2015, which was disposed of by order dated 30.01.2017 granting liberty to the petitioner to file an appropriate appeal before the State Appellate Authority challenging the order of the District Appellate Authority, Siwan. Pursuant to the liberty granted by this Court, the petitioner had filed an appeal before the State Appellate Authority which stands dismissed/disallowed by order dated 07.09.2017 passed in Appeal Case No.

66 of 2017. The petitioner contends that this writ application has been filed challenging the order of the District Appellate Authority as well as the State Appellate Authority and for an appropriate direction to appoint the petitioner as Panchayat Teacher.

4. Learned counsel appearing for Respondent Nos. 5 and 6 and Respondent-State submit that the writ application is completely ill-conceived for the reason that the final order dated 16.09.2014 passed by District Appellate Authority in Complaint

4/4 Case No. 325 of 2011 as well as the order dated 07.09.2017 passed by State Appellate Authority in Appeal No. 66 of 2017 have not been challenged by the petitioner.

5. On a careful perusal of the case record, this Court finds that the petitioner without assailing the order dated 16.09.2014 passed by District Appellate Authority in Complaint Case No. 325 of 2011 and order dated 07.09.2017 passed in Appeal Case No. 66 of 2017 by the State Appellate Authority is directly seeking issuance of writ of mandamus upon the authorities for appointing her on the post of Panchayat Teacher, which is not possible.

6. For failure on part of the petitioner to challenge the two orders i.e., the order passed by the District Appellate Authority as well as the State Appellate Authority, the prayer made in the writ application cannot be entertained and hence, the writ application is dismissed on account of being illconceived. (Alok Kumar Sinha, J) Gaurav Sinha/- U