Sharda Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 19916 of 2018 ====================================================== Sharda Kumari, wife of Rajesh Kumar, resident of Village - Matihani, Police Station - Aurai, District - Muzaffarpur ... ... Petitioner/s

Versus

1 The State Of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna 2 The Director, Primary Education, Government of Bihar, Patna 3 The District Magistrate, Muzaffarpur 4 The District Education Officer, Muzaffarpur 5 The District Programme Officer, Establishment (Education), Muzaffarpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar For the Respondent/s :

Mr.Smt.Binita Singh -Sc28 ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 20-12-2018 Heard learned counsel for the petitioner and the respondent-State.

It is submitted by the learned counsel for the petitioner that in view of law laid down by this Court in the proceedings arising out of LPA No 1699 of 2013, petitioner is entitled to promotion as Trained Teacher in view of her having acquired Diploma in Primary Education.

This Court would find that pursuant to the declaration of law and even after passing of order dated 10.05.2018 in CWJC No 19333 of 2016, petitioner has never approached the authorities for the relief prayed for in the writ petition. In the aforesaid circumstances, since there is no

Patna High Court CWJC No.19916 of 2018(2) dt.20-12-2018 2/2 demand by the petitioner and refusal by the authorities, there is no scope for this Court to exercise writ jurisdiction in favour of the petitioner. Petitioner was required to raise her grievance before the authorities.

Writ petition is disposed of.

(Madhuresh Prasad, J) M.E.H./- U