Sabita Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5976 of 2015 ====================================================== Sabita Kumari, wife of Sri Dwijendra Kumar Singh @ Chunnu Singh and daughter of Sri Ramashray Singh, r/o- North of Gandhi Maidan, Nai Basti, P.S.- Mufassil, Town and District- Siwan.

... ... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary, Department of Education, Government of Bihar, Patna.

3. The Director, Primary Education, Bihar, Patna.

4. Sri Onkar Prasad Singh, Deputy Director, Primary Education, Bihar, Patna.

5. The District Education Officer, Siwan.

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

7. Bihar Staff Selection Commission, P.O.- Veterinary College, Patna-800014 through its Secretary.

8. Nishi Kumari, wife of Bachcha Pandey, resident of village Dehuna, P.O.- Patar Asovh, Siwan, presently posted as Assistant Teacher in Ucch Madhya Vidyalaya Majhalia, Block- Goriakothi, District- Siwan.

9. Yogendra Prasad Tiwary, son of Dharmnath Tiwary, resident of village + P.O.- Dhanauti, Daraunda, Siwan, presently posted as Assistant Teacher in Ucch Madhya Vidyalaya Murwar, Block- Basantpur, District-Siwan.

10. Sunaina Devi, wife of Chandradeo Pandit, resident of village + P.O.- Ghurghat, Siswan, Siwan, presently posted as Assistant Teacher in Ucch Madhya Vidyalaya Sarsainya Urdu, Block- Bhagwanpur Hat, District- Siwan.

11. Uday Shankar Mishra, son of Manan Mishra, resident of village Pipra, P.O.- Dighwalia, Siwan, presently posted as Assistant Teacher in Ucch Madhya Vidyalaya Odhikhor, Block- Guthni, District- Siwan.

12. Rameshwar Pandey, son of Jagdish Pandey, resident of village Teghra, P.O.- Chanp, Hussainganj, Siwan, presently posted as Assistant Teacher in Ucch Madhya Vidyalaya Jamo, Block- Goriakothi, District- Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeet Kumar Singh For the Respondent/s :

Md. Mujtabaul Haque, GP-12 For BSSC :

Dr. Ratan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 27-11-2018 The issue with regard to payment of Assistant Teachers (34540) has been settled by various decisions of this court as well as Supreme Court and after decision for filling up unfilled vacancy of 2413 out of 34540, the Staff Selection

Patna High Court CWJC No.5976 of 2015(3) dt.27-11-2018 2/2 Commission has invited objection for preparation of the select list.

Since the Staff Selection Commission is taking steps for finalization of the list, no further indulgence is required. The grievance is that B.Ed degree holder of the same institution has been considered and appointed Assistant Teachers wheres the petitioner has been discriminated cannot be examined in the instant proceeding.

In the event, the case of the petitioner is not considered by the Staff Selection Commission while preparing final list for filling up unfilled vacancy of 2413, liberty shall be available to the petitioner to approach appropriate forum raising issue of discrimination.

With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U