Patna High CourtCWJC/2156/2013disposed

Mrinalini Saxena v. The State Of Bihar And ORS

2015-10-08Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2156 of 2013 ====================================================== Mrinalini Saxena, W/o Vijay Kumar, resident of Saida Bazar, Hilsa District- Nalanda .... .... Petitioner/s

Versus

1. The State of Bihar

2. District Magistrate, Nalanda, District- Nalanda

3. Commissioner-Cum Secretary, Primary, Secondary and Adult Education, Bihar, Patna

4. Director, Primary Education, Bihar, Patna

5. District Superintendent of Education-Cum District Programme Convenor, Nalanda, District- Nalanda

6. Sub-Divisional Officer, Hilsa (Nalanda)

7. Block Development Officer, Karai-Parsurai, District Nalanda

8. Block Education Officer, Karai-Parsurai, P.S.- Karai-Parsurai, DistrictNalanda

9. Mukhiya of Gram Panchayat Sandh, Block Karai-Parsurai, P.S.- KaraiParsurai, Distt.- Nalanda

10. Secretary of Gram Panchayat Sandh, Block Karai-Parsurai, P.S.- KaraiParsurai, Distt. Nalanda

11. Smt. Sushma Kumari, In-Charge Head Master, Primary School Wahapar, Block Karai-Parsurai, District- Nalanda .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Prasad, Advocate For the Respondent/s : Mr. Prahlad Kr. Bhagat Gp13 For Respondent no.11 : Mr. Harish Kumar, Advocate ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 08-10-2015 Heard learned counsel for the parties.

2. The petitioner is aggrieved by appointment of respondent no.11 as incharge Headmaster, Primary School, Bahapar, Block Karai Parsurai, district Nalanda.

3. The prayer of the petitioner is founded on the ground that she is trained teacher, whereas the respondent no.11 is untrained teacher.

Patna High Court CWJC No.2156 of 2013 (6) dt.08-10-2015 2 / 2

4. The respondent in the counter affidavit has given the reasons for not appointing the petitioner as incharge headmaster of the school. It has been stated that the institution from which the petitioner has obtained his certificate and done his training is not a recognized institution by the State of Bihar.

5. Without entering into the merit of the case, this writ application is disposed of with liberty to the petitioner to move before the District Education Officer, Nalanda, who would take appropriate decision within a period of two months from the date of receipt/production of a copy of this order.

6. This application stands disposed of.

(Samarendra Pratap Singh, J.) Uday/- U