Md. Maslehuddin v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11847 of 2015 ====================================================== Md. Maslehuddin son of Late Md. Abid Hussain, resident of Village Baoroon, P.S. Jamalpur, District Darbhanga.

.... .... Petitioner/s

Versus

1.The State of Bihar through the Secretary Education Department, Government of Bihar, Patna.

2.The Director (Primary) Education Department, Government of Bihar, Patna.

3.The Secretary, Bihar School Examination Board, Patna. 4.The Deputy Secretary, Bihar School Examination Board, Patna. 5.The District Magistrate, Samastipur.

6.The District Education officer, Samastipur. 7.The District Programme Officer (Establishment), Samastipur. 8.The Block Education Officer, Block Hasanpur, District Samastipur. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Abdus Shakoor, Adv For the Respondent/s : Mr. Manish Kumar- GP8 ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT 04-08-2015 Heard learned counsel for the parties.

Having regard to the fact that the petitioner is aggrieved by an order of his termination passed by the District Education Officer, Samastipur and that he is a teacher of Middle School, he has remedy of appeal and therefore, this writ application without exhausting the statutory alternative remedy of appeal, must be held to be ill advised and misconceived.

It is, accordingly, dismissed.

Patna High Court CWJC No.11847 of 2015 (2) dt.04-08-2015 Nothing said in this order, however, will come in the way of the petitioner in approaching the Appellate Authority, and if he does so, the Appellate Authority will be under an obligation to decide the appeal on merit without being prejudiced in any manner by dismissal of this writ application.

(Mihir Kumar Jha, J) Ranjan/- U