Patna High CourtCWJC/16675/2014disposed

Sanjay Kumar Mishra v. The State Of Bihar And ORS

2016-01-14Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16675 of 2014 =========================================================== Sanjay Kumar Mishra, Son of Bikrama Mishra, Resident of Village Parsauni, P.S. Paharpur, District East Champaran (Motihari) at presently posted as In-charge Head Master, Government Primary School, Bhatauli Parsauni, Block-Paharpur, District East Champaran (Motihari).

.... .... Petitioner

Versus

1. The State of Bihar.

2. The Presiding Officer, District Teacher Employment Appellate Authority, East Champaran, Motihari.

3. The District Magistrate, East Champaran, Motihari.

4. The District Programme Officer, Establishment, East Champaran, Motihari.

5. The Block Education Officer, Block-Paharpur, District East Champaran, Motihari.

6. The Panchayat Secretary, Gram Panchayat Raj, Parsauni, Block-Paharpur, District East Champaran, Motihari.

7. Shivangi Rani, Panchayat Teacher, Government Primary School, Bhatauli Parsauni, Block-Paharpur, District East Champaran (Motihari) .... .... Respondents =========================================================== Appearance :

For the Petitioner :

Mr. Dhurendra Kumar, Advocate For the State :

Mr. S.A. Alam, S.C.3 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 14-01-2016 Admittedly petitioner is a Panchayat Teacher. If that be so, there was no occasion to put him In-charge of the school in question as not only the High Court but even the Director, Primary Education, Government of Bihar has issued circular and directions that Panchayat Teachers are not required to be given charge of any school for officiating as Headmasters.

If the petitioner, by lack of proper knowledge about such issue, was made In-charge by a person, let petitioner relinquish that charge and inform the tribunal on this issue so that the direction

Patna High Court CWJC No.16675 of 2014 dt.14-01-2016 2 / 2 issued by the tribunal can be carried out by the person who takes over the position of a regular Headmaster or In-charge Headmaster of the school in question. The direction, therefore, issued to the petitioner will not be applicable to him provided he does so within a week from today.

Writ application stands disposed of with the above observation.

(Ajay Kumar Tripathi, J.) Sanjay/- U