Achhe Lal Mallik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4815 of 2018 ====================================================== Achhe Lal Mallik Son of Late Jhari Lal Mallik resident of Village - Etahri, P.O. - Fudkichak, P.S. - Gogri, District Khagaria, Present Address - Achhe Lal Mallik Son of Late Jhari Lal Mallik resident of Village - Purani Paura, P.O. - Paura, P.S. Gogri, District Khagaria.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

The Secretary, Personnel and Administrative Reforms Department, Government of Bihar, Patna.

3.

The Joint Secretary, Human Resources Development Department,Public Complain Cell, Government of Bihar, Patna.

4.

The Director (Secondary Education), Bihar, Patna. 5.

The Collector, Khagaria.

6.

The District Education Officer, Khagaria.

7.

The Headmaster, P.M. High School, Sirnia, Gogri, Khagaria. 8.

The President, School Managing Committee, P.M. High School, Sirnia, Gogri, Khagaria.

9.

The Chairman Bihar School Examination Board, Bihar, Patna. 10.

The Secretary, Bihar School Examination Board, Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mrityunjay Kumar, Advocate For the Respondent/s :

Mr.Smt.Shilpa Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 28-11-2025 Heard learned counsel for the petitioner, learned counsel appearing on behalf of the respondent-State and learned counsel appearing on behalf of the Bihar School Examination Board.

2. At the outset, learned counsel appearing for the respondent-State submits that the writ application is not

Patna High Court CWJC No.4815 of 2018(8) dt.28-11-2025 2/3 maintainable in view of the fact that petitioner has not availed the alternative remedy of approaching the District Teacher Appellate Authority for redressal of his grievance.

3. On the objection raised by learned counsel for the respondent, learned counsel appearing for the petitioner submits that he is ready to file an appeal before the District Teacher Appellate Authority for redressal of his grievance. He further prays that appropriate direction be issued to the District Teacher Appellate Authority to dispose of the appeal on merit within a fixed time frame.

4. The aforesaid submission made by learned counsel for the petitioner is not opposed by the respondent.

5. Considering the limited nature of prayer being made by learned counsel for the petitioner, the present writ application is disposed of granting the liberty to the petitioner to file appropriate appeal before the District Teacher Appellate Authority within two months from today. On the issue of condonation of delay, the period of pendency of writ will be taken into consideration by the District Teacher Appellate Authority. If the delay is condoned, then the Appeal shall be decided on merit within a maximum period of six months from

Patna High Court CWJC No.4815 of 2018(8) dt.28-11-2025 3/3 the date of filing of the appeal and due opportunity of hearing shall be granted to the petitioner and the parties concerned.

6. Needles to emphasis that final order which shall be passed by the District Teacher Appellate Authority shall be a reasoned and speaking order.

7. With the aforesaid observation/direction and liberty granted, the present writ application stands disposed of.

8. All pending I.A.s, if any, is deemed to have been disposed of.

(Alok Kumar Sinha, J) sanjeev/- U