Nutan Kumar Chauhan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18472 of 2014 ====================================================== Nutan Kumari Chauhan, aged about 44 years, W/o Madhusudan Kumar Resident of Village - Jai Prakash Nagar, Khagaria Ward No. 17, at present working as Headmistress in Kanya Madhya Vidyalaya, Khagaria. .... .... Petitioner/s

Versus

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

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

3. The District Magistrate, Khagaria.

4. The Regional Deputy Director of Education, Munger.

5. The District Education Officer, Khagaria.

6. The District Programme Officer (Establishment), Khagaria.

7. Anil Kumar at present posted as Headmaster in Aryavritiy Kanya Madhya Vidyalaya, Khagaria.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Kumar Singh, Advocate.

For the Respondent/s :

Mr. AC to AG.

====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT 17-07-2015 Heard learned counsel for the parties.

2. Having regard to the fact that the petitioner is a teacher in a primary school and claims to be aggrieved on account of her being posted as Headmistress in Kanya Madhya Vidyalaya, Khagaria contrary to her option exercised at the time of her promotion and posting, the petitioner will have a remedy under the Bihar Nationalised Primary School Teacher Promotion Rules, 2011 by way of filing of an appeal before the Regional Deputy Director of Education.

3. That being so, this writ application is wholly

Patna High Court CWJC No.18472 of 2014 (2) dt.17-07-2015 2/2 misconceived and ill-advised and is, accordingly, dismissed.

4. The dismissal of this writ application, however, will not come in the way of the petitioner in approaching the appellate authority.

(Mihir Kumar Jha, J) Sujit/- U