Nirja Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13559 of 2023 ====================================================== Nirja Kumari daughter of Ram Naresh Sharma and wife of Vidyadhar Sharma, presently posted as the assistant teacher, Government Middle School, Ibrahimpur Kurtha, District Arwal and resident of Village Kanaia, P.O. Nagla Kinjar, District Arwal.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Chief Secretary, Patna 2.

The Principal Secretary, Primary Education, Patna. 3.

The Director, Primary Education, Patna.

4.

The Principal Secretary, Finance, Bihar at Patna. 5.

The Bihar School Examination Board through its Secretary, Patna. 6.

The Collector, Arwal.

7.

The District Education Officer, District Arwal. 8.

The Block Education Officer, Block- Kurtha, District- Arwal. 9.

The Block Panchayat Raj Officer-cum-executive officer, Block Employment Unit, Kurtha, District- Arwal.

10.

The Headmaster, Government Middle School, Ibrahimpur Kurtha, DistrictArwal. 11.

The Block Employment Unit, Ibrahimpur Kurtha, District- Arwal . ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amarendra Nath Verma For the State :

Mr. Jitendra Kumar Roy 1 ( Sc 13 ) For the Respondent No.5:

Mr. P.K. Shahi, Sr. Adv.

:

Mr. Kumar Shanu, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-02-2025 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Respondent No.5.

2. The present writ petition has been filed seeking the following reliefs:

"For issuance of a writ in the nature of

Patna High Court CWJC No.13559 of 2023(3) dt.27-02-2025 2/3 certiorari quashing the officer-order dated 17.8.2022 (An-P/8) issued by the ninth respondent stopping the petitioner's salary without issuing any show-cause from or affording an opportunity of hearing to the poor lady at all even as guidance is sought from the seventh respondent the same day purportedly on the issue of validity of teachers' training from Siddhartha Primary T.T.College, Jehanabad whereas other teachers appointed on the strength of training certificates from the same college have been working all over for decades together without any complaint and, that too, ignoring the protection to all the students of the three academic-sessions granted by orders of this Hon'ble Court and, all that, owing to misreading and misinterpreting Hon'ble Apex Court's order dt. 13.10.

2011 passed in Contempt Petition (Civil)No.297/2007 which only directed fresh consideration for appointment of candidates trained from some of the training colleges. The petitioner further prays for continuance of her payment pendente lite as also adequate cost/compensation for the illegal exercise and excruciating ordeal meted out to her by the respondents-authorities and for all other suitable relief/ reliefs she is found entitled to."

3. Considering the relief(s) sought by the petitioner, the petitioner is directed to file a detailed representation before the Respondent No.7 along with all supporting documents within a period of two weeks and the Respondent No. 7 is well advised to consider the case of the petitioner after affording opportunity of personal hearing or through his counsel and pass a reasoned and speaking order in accordance with law within one month thereafter.

4. It is made clear that the Respondent No. 7 shall be

Patna High Court CWJC No.13559 of 2023(3) dt.27-02-2025 3/3 liable for non-compliance of this order within the stipulated period.

5. With the aforesaid direction, the writ application stands disposed of.

(Anjani Kumar Sharan, J) anand/- U