Shobha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15882 of 2023 ====================================================== Shobha Kumari W/o Vinod Kumar Chaudhary, R/o Sandha Jatahi Pokhara, P.O. Sandha, District- Saran.

... ... Petitioner/s

Versus

1.

The State of Bihar through its Secretary Education Department, Govt. of Bihar, New Secretariat, Patna.

2.

The Director (Primary Education), Govt. of Bihar, New Secretariat, Patna. 3.

The District Magistrate, East Champaran.

4.

The District Education Officer, East Champaran. 5.

The District Programme Officer (Establishment), East Champaran. 6.

The Block Education Officer, Chhoradano, East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Bhushan Kumar For the Respondent/s :

Mrs. Binita Singh (Sc28) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT Date : 15-05-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner has prayed for following reliefs: (i) To quash the memo no. 1420 dated 06.06.2012 issued by the District Education Officer, East Champaran, whereby and whereunder the appointment of the petitioner as an Assistant Teacher has been cancelled on the basis of their training institution Seva Bharti Adhyapan Mandir, Sevapuri Varanasi is not recognized institution.

(ii) To direct the respondent authority not to disturb the petitioner to discharging his duty on the post of Assistant Teacher.

3. At the very outset, learned counsel for the petitioner submits that the case of the petitioner is squarely covered with the judgment dated 28.08.2023 passed in L.P.A. No.1254 of 2016 and other analogous cases. He further submits that some coordinate Bench of this Court has also passed judgment in the

Patna High Court CWJC No.15882 of 2023 dt.15-05-2024 2/2 case of others and the petitioner's case stands on similar footing.

4. In view of the fair submission made by learned counsel for the petitioner, in my view, no useful purpose would be served keeping this writ application pending.

5. Accordingly, Memo no. 1420 dated 06.06.2012 (Annexure-1) is hereby quashed and this writ application is disposed of with a direction to the petitioner to file a representation before the District Programme Officer Establishment, East Champaran (respondent no.5) along with the judgment aforesaid and other documents in support of her claim. The District Programme Officer Establishment, East Champaran (respondent no.5) shall dispose of the representation of the petitioner by a reasoned and speaking order within ten weeks from the date of its receipt.

6. It is made clear that the District Programme Officer Establishment, East Champaran (respondent no.5) shall be personally responsible for non-compliance of this order within the stipulated period.

(Anjani Kumar Sharan, J) anand/- AFR/NAFR NAFR CAV DATE NA Uploading Date 17.05.2024 Transmission Date NA