Nutan Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14545 of 2011 ====================================================== Nutan Kumari W/o Shyam Sundar Singh, D/o Shri Upendra Prasad Singh R/o Village & P.O.- Mohadipur, P.S.- Jagdishpur, Distt.- Bhagalpur .... .... Petitioner/s

Versus

1. The State Of Bihar Through The Commissioner-Cum-Secretary, Govt. Of Bihar, Human Resources Development Department, Patna

2. The District Magistrate, Bhagalpur

3. The Deputy Development Commissioner, Bhagalpur

4. The District Superintendent Of Education, Bhagalpur

5. The Block Development Officer, Jagdishpur, P.S- Jagdishpur, Distt.- Bhagalpur

6. Deputy Director, Samajik Suraksha Koshang, Bhagalpur

7. In-Charge Officer, Public Complaint Cell, Bhagalpur, Collectariate, Bhagalpur

8. Block Education Extension Officer, Jagdishpur, P.S.- Jagdishpur, Distt.- Bhagalpur

9. The Chairman Sukh Subidha Samittee, Gram Panchayat Raj, Chandpur, P.S.- Jagdishpur, Distt.- Bhagalpur

10. Panchayat Sachiv, Gram Panchayat Raj Chandpur, P.S.- Jagdishpur, Distt.- Bhagalpur

11. The Mukhiya, Gram Panchayat Raj Chandpur, P.S.- Jagdishpur, Distt.- Bahgalpur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jagannath Singh Mr. Pravin Kumar Sinha For the Respondent/s : AC to GP7 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 29-03-2016 Heard Sri Jagannath Singh, learned counsel, who was assisted by Sri Pravin Kumar Sinha, learned counsel for the petitioner and learned AC to GP No. 7.

The sole petitioner, invoking writ jurisdiction of this court under Article 226 of the Constitution of India, has prayed for directing the respondents to comply the order of the District

Patna High Court CWJC No.14545 of 2011 (5) dt.29-03-2016 2/3 Teachers Employment Appellate Authority, Bhagalpur dated 23.1.2010 (Annexure - '8' to the writ petition). By the said order the learned District Teachers Employment Appellate Authority had cancelled the earlier selection in respect of appointment of Panchayat Teacher and directed for fresh process. It has been claimed that despite the direction of the District Teachers Employment Appellate Authority no order has been passed till date whereas by way of filing counter affidavit the respondent no. 4 i.e. District Superintendent of Education , Bhagalpur [presently designated as District Programme Officer (Establishment) Bhagalpur] in paragraph no.

6 has made a specific statement that the District Programme Officer in compliance with the order of the Tribunal has directed the Niyojan Unit to comply the order and complete the appointment process of Panchayat Teachers in the Niyojan Unit. Thereafter, Niyojan Unit complied the direction of the appellate authority and completed the appointment process by issuance of appointment letter to the candidate as per law. After filing of the counter affidavit no rejoinder has been filed. In view of the facts disclosed in the counter affidavit the Court is of the opinion that the order of the District Teachers Employment Appellate Authority has already been complied with and as such there is no need to pass any further direction.

Patna High Court CWJC No.14545 of 2011 (5) dt.29-03-2016 3/3 the petitioner still feels aggrieved she would be at liberty to approach the District Teachers Employment Appellate Authority. If approached, the authority concerned, without being prejudiced with this order may examine the same and pass appropriate order in accordance with law.

The writ petition stands disposed of.

(Rakesh Kumar, J) Praful/- U