Kavita Shrivastava v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7947 of 2017 ====================================================== Kavita Shrivastava wife of Suresh Prasad Verma, resident of VillageMadhopur anant, P.O.- Khairvadarp, P.S.- Sheohar, District- Sheohar. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Chief Secretary, Government of Bihar, Old Secretariat, Patna. 3.

The Principal Secretary, Department of Human Resources Development, Government of Bihar, New Secret 4.

The State Project Director, Bihar Education Project Council, Saidpur, Patna800004. 5.

The District Education Officer, Sheohar.

6.

The District Programme Officer, Primary and Sarva Siksha Abhiyan, Bihar Education Project, District 7.

The Collector-cum-Chairman, District Project Co-ordinator, Sarva Siksha Abhiyan, Sheohar.

8.

The In-charge Headmaster/Warden, Kasturba Gandhi Balika Vidyalaya, Chhatauni, Block- Tariyani.

9.

The District Programme Officer, Muzaffarpur.

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

For the Petitioner/s :

Mr. Kumod Kumar Srivastava, Advocate For the State :

Mr. Narendra Kumar, AC to GP-20 For Respondent BEPC :

Mr. Girijish Kumar, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-03-2023 Heard Mr. Kumod Kumar Srivastava, learned counsel for the petitioner, Mr. Narendra Kumar, learned AC to GP-20 and Mr. Girijish Kumar, learned counsel for the Bihar Education Project Council.

The petitioner has approached this Court against the order of termination from the post of teacher of Kasturba Gandhi Balika Vidyalaya where the petitioner was working as

Patna High Court CWJC No.7947 of 2017(8) dt.18-03-2023 2/2 Warden.

Learned counsel for the Bihar Education Project Council referring to the judgment passed by this Court in the counter affidavit and other judgments produced during the course of argument submits that this writ application is not maintainable because the appointment of the petitioner as a teacher was on contract basis and no reinstatement can be directed if the contract has been terminated. Accordingly, I hold on the basis of previous judgment that this writ application is not maintainable and the same is dismissed.

However, the petitioner may pursue his remedy in accordance with law before the Civil Court.

(Anil Kumar Sinha, J) S.Ali/- U