Mahajbin Khatun v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20495 of 2021 ====================================================== Mahajbin Khatun daughter of Hasib Khan resident of Village- Karwandiya, P.S.- Chand, District- Kaimur at (Bhabua) ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Education Department, Bihar, Patna.
2.
The Principal Secretary, Education Department, Bihar, Patna. 3.
The Director, Education Department, Bihar, Patna. 4.
The District Education Officer, Kaimur at Bhabua. 5.
The District Programme Officer, Establishment, Kaimur at Bhabua. 6.
The Block Education Officer, Chand, Kaimur at Bhabua. 7.
The Panchayat Secretary, Gram Panchayat Raj, Biuri, Chand, Kaimur at Bhabua.
8.
The Mukhiya, Gram Panchayat Raj, Biuri, Chand, Kaimur at Bhabua. 9.
Vineeta Tiwari Daughter of Harivansh Tiwari resident of VillageKalayanipur, P.S.- Chand, District- Kaimur at Bhabua. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jay Prakash Singh, Adv.
For the Respondent/s :
Mr.Subhash Chandra Mishra (Sc16) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH and HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH) 25-04-2022 Heard learned counsel for the petitioner and learned counsel for the respondents.
The present writ petition has been filed for issuance of a writ in the nature mandamus commanding and directing the respondent authorities to make necessary correction in published final merit
Patna High Court CWJC No.20495 of 2021(2) dt.25-04-2022 2/3 list in which the category of petitioner has wrongly mentioned as 'General' category in place of 'E.W.S.' category as the petitioner has applied for the post of Panchayat Teacher of Teacher employment 2019-20 in 'E.W.S.' category and her counseling has also made in 'E.W.S.' category and also further directed to the respondent authorities to make and published a fresh merit list after making necessary correction in merit list with respect to the petitioner and thereafter issue appointment letter to the petitioner and also for issuance of a writ in the nature of mandamus commanding and directing the respondent authorities to correct the category to respondent no. 9 which category as wrongly mentioned in published final list as 'E.W.S.'
in place of 'General' Category so why the petitioner's appointment letter has not been issued to her till date and/or passed any other order/orders, direction/directions for which the petitioner may deemed fit and proper in the fact and circumstances of the case and also further prayed that till disposal of the case further proceeding of the selection process of Gram Panchayat Raj, Biuri, Chand, Kaimur may kindly be stayed.
Considering the reliefs sought for on behalf of
Patna High Court CWJC No.20495 of 2021(2) dt.25-04-2022 3/3 the petitioner in the present writ application, the petitioner is directed to file an appeal before the District Appellate Authority, Kaimur at Bhabua within a period of thirty days from the date of this order. In case any such appeal is filed by the petitioner, the District Appellate Authority, Kaimur at Bhabua shall consider the same and dispose of the appeal in accordance with law at the earliest preferably within a period of ninety days from the date of filing of such appeal.
In case, the District Appellate Authority is not functioning, the petitioner will be at liberty to prefer an appeal before the State Appellate Authority.
With the aforesaid observations and direction, the present writ application stands disposed of. (Sudhir Singh, J) ( Sanjeev Prakash Sharma, J) pravinkumar/- U