Reshma Parveen v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13984 of 2023 ====================================================== Reshma Parveen Wife of Md. Azmullah, Resident of Moh- Karimchak (Khanua), P.O.- Chhapra, P.S.- Town, District- Saran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Human Resources, Government of Bihar, New Secretariat, Patna. 2.

The Director, Primary Education, Department of Human Resources, Government of Bihar, New Secretariat, Patna.

3.

The Deputy Director, Primary Education, Department of Human Resources, Government of Bihar, New Secretariat, Patna.

4.

The District Magistrate, at Chapra, District- Saran. 5.

The District Education Officer, at Chhapra, District- Saran. 6.

The District Programme Officer, at Chhapra, District- Saran. 7.

The Block Development Officer, at Maker, P.O.- Maker, District- Saran. 8.

The Block Education Officer, at Maker, P.O.- Maker, District- Saran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shiv Shankar Prasad Yadav For the Respondent/s :

Mr.Prabhakar Jha (Gp27) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-12-2024 The present writ petition has been filed by the petitioner for setting aside the office order bearing Memo No.267 dated 24.03.2023 and for reinstatement on her previous post of assistant teacher of Urdu at Maker Middle School under the Block Maker in the District of Saran from which she has been arbitrarily dismissed.

2. At the outset, learned counsel for the State raises preliminary objection and submits that the petitioner may seek remedy before the District Appellate Authority under section 13

Patna High Court CWJC No.13984 of 2023(2) dt.12-12-2024 2/3 of the Bihar State School Teachers and Employees Disputes Redressal Rules, 2015 which reads as follows:- "13. Power and functions of the District Appellate Authority:- The District Appellate Authority shall hear and dispose of the complaints / appeals related to employment of Niyojit teachers, librarians and other Niyojit functionaries of Government / Nationalized elementary, secondary and higher secondary schools (including government aided /minority schools). It shall also hear and dispose of the disputes/appeals related to their service conditions. Besides, it shall also hear and dispose of the disputes related to service matter between management and teaching / non-teaching functionaries of non-government and non-aided schools functioning in the state."

3. Learned counsel for the petitioner does not dispute the above proposition.

4. It is settled law that where a right or liability is created by a statute which gives a special remedy for enforcing it, the remedy provided by the statute alone must be availed of. Since,

Patna High Court CWJC No.13984 of 2023(2) dt.12-12-2024 3/3 the petitioner has statutory alternative remedy of appeal before the District Appellate Authority under section 13 of the Bihar State School Teachers and Employees Disputes Redressal Rules, 2015, this Court is not inclined to interfere in the matter in its extra-ordinary writ jurisdiction.

5. Accordingly, writ petition is disposed of with direction to the petitioner to file an appeal before the Appellate Authority. In the event such appeal is filed within four weeks from today, the same shall be disposed of with a reasoned order in accordance with law after hearing the parties within further eight weeks.

6. It goes without saying that if any question of limitation arises before the Appellate authority, the same shall be considered, taking into consideration the fact that the petitioner was pursuing the issue before this Court under Article 226 of the Constitution of India.

(Prabhat Kumar Singh, J) Prakash/- U