Chandradeo Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15022 of 2023 ====================================================== Chandradeo Kumar Son of Late Sukal Prasad Yadav, Resident of Mohalla Jarauli, P.O. Ratauli, P.S. Pipra, District Supaul. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Education Department, Vikash Bhawan, New Secretariat, Town and District Patna. 2.

The Secretary , Bihar School Examination Board, Sinha Library Road, Patna.

3.

The District Magistrate, Supaul.

4.

The Convener cum Sub Divisional Officer, Birpur, Supaul. 5.

The District Education Officer, Supaul.

6.

The Principal, K.N. Inter College, Raghopur, Birpur, District Supaul. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Patla Kumari, Advocate For the Respondent/s :

Mr. Madan Jeet Kumar ( Gp 20 ) For the BSEB :

Mr. Sunil Kumar Mandal, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-12-2024 Heard learned counsel for the parties.

2. The present application has been filed for quashing Letter No. 20 of 2023 dated 19.04.2023 issued by the Respondent No. 6 (Annexure P/1) whereby service of the petitioner has been terminated.

3. At the outset, learned counsel for the State appears and raises preliminary objection with regard to the maintainability of this writ application on the ground that petitioner has got alternative remedy before the District Appellate Authority under Rule 13 of the Bihar State Teaching Institutions Teachers and Employees (Disputes Redressal and Appeal) Rules, 2020. He further submits that no reason has

Patna High Court CWJC No.15022 of 2023(2) dt.16-12-2024 2/2 been assigned, as to why this writ application shall be heard by this Hon'ble High Court, even when alternative remedy to move before the District Appellate Authority is available to the petitioner.

4. Learned counsel for the petitioner is not in a position to dispute the contentions made on behalf of the State.

5. Considering the aforesaid facts and circumstances, this writ petition is disposed of with direction to petitioner to move before the concerned District Appellate Authority by filing appeal and the District Appellate Authority is directed to proceed in the matter and dispose of the same in accordance with law, as expeditiously as possible.

6. With the aforesaid observations and directions, this writ application is disposed of.

7. It goes without saying that if any question of limitation arises before the Appellate authority, the same shall be considered, taking into consideration the fact that the petitioner was pursuing the issue before this Court under Article 226 of the Constitution of India.

(Prabhat Kumar Singh, J) Navya/- U