Gita Kumari @ Geeta Kumari v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17625 of 2019 ====================================================== Gita Kumari @ Geeta Kumari wife of Ajay Kumar resident of Mohalla Magadh Colony, Near Road No. 6 B.I ATM P.S. Magadh Medical College, District Gaya.
... ... Petitioner/s
Versus
1.
The Union of India through the Principal Secretary Ministry of Education, Shastri Bhawan New Delhi.
2.
The Central Board of Secondary Education through Chair Person Shisha Kendra- 2 Community Centre Preet Vihar, New Delhi. 3.
The Secretary, the Central Board of Secondary Education, Shiksha Kendra2 Community Centre Preet Vihar, New Delhi. 4.
The President of D.A.V School Managing Committee Chitra Gupta Road New Delhi 55.
5.
The Director DAV College Managing Committee Chitra Gupta Road New Delhi 55.
6.
The Regional Officer DAV Public Schools Bihar Zone II Cant- Area Gaya. 7.
The Principal DAV Public Schools Rotary Campus Ashok Nagar Gaya. 8.
The State of Bihar through the Principal Secretary Department of Human Resource Govt. of Bihar, Patna.
9.
The District Education Officer Gaya.
10.
The Regional Deputy Director of Education Gaya. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
None For the Respondent/s :
Mr. Prabhakar Jha (GP-22) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-01-2024 Heard the parties.
2. The petitioner has filed the present writ application for direction to reinstate the petitioner on the post of teacher in the D.A.V Public School, CRRC, Ashok Nagar, Gaya.
3. Shri Anil Kumar Singh, learned counsel appearing
Patna High Court CWJC No.17625 of 2019(3) dt.05-01-2024 2/2 for the D.A.V, submits that the D.A.V is a private institution and this Hon'ble Court in judgment reported in 2013 PLJR Vol. 1 Page 321 has held that the writ is not maintainable against the D.A.V as it is not the State within meaning of Article 12 of the Constitution of India. He further submits that the petitioner may raise his grievance before the District Teacher Appellate Authority as per Section-2(7) of the Bihar State School Teachers and Employees Disputes Redressal Rules, 2015.
4. Regards has been made to the submission. This application is dismissed as non-maintainable, however, with liberty to the petitioner that he may approach the District Appellate Authority for redressal of her grievances. (Anil Kumar Sinha, J) Sudha/- U