Krishna Kumar v. The State Of Bihar Through The Principal Secretary Human Resources Development Department

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3212 of 2025 In Civil Writ Jurisdiction Case No.939 of 2025 ====================================================== 1.

Krishna Kumar Son of Indrajeet Sah, resident of Village-Khanua Toli, Turha Patti, Police Station-Yogapatti, District-West Champaran. 2.

Chhota Kumar Singh, son of Shri Lallan Singh, resident of Village-Marhiya, Police Station-Lauriya, District-West Champaran. 3.

Kanhaiya Sah, Son of Dhurendra Sah, resident of Village-Laukariya, Police Station-Yogapatti, District-West Champaran.

4.

Sanjay Kumar Singh, Son of Late Awadesh Singh, resident of VillageDumari, Tola-Taktakwa, Police Station-Yogapatti, District-West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through The Principal Secretary Human Resources Development Department Govt. of Bihar, Patna. 2.

The District Magistrate, West Champaran, Bettiah. 3.

The District Education Officer, West Champaran, Bettiah. 4.

The District Programme Officer, West Champaran, Bettiah. 5.

The Block Education Officer, Block-Yogapatti, District-West Champaran. 6.

The Panchayat Secretary, Gram Panchayat Raj Fatepur, Block-Yogapatti, District-West Champaran.

7.

The Panchayat Secretary, Gram Panchayat Raj Dhadhwa, Block-Yogapatti, District-West Champaran.

8.

The Mukhiya, Gram Panchayat Raj Fatepur, Block-Yogapatti, District-West Champaran.

9.

The Mukhiya Gram Panchayat Raj Dhadhwa, Block-Yogapatti, DistrictWest Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anand Kishore Choudhary, Advocate For the Opposite Party/s :

Mr. AC to AAG-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-09-2025

1. Heard learned counsel for the petitioners and learned AC to AAG-13 for the State.

2. Learned counsel for the petitioners submits that petitioners are Panchayat Teachers and their services were

Patna High Court MJC No.3212 of 2025(3) dt.26-09-2025 2/3 terminated, as such, they moved before this Court by filing C.W.J.C. No. 939 of 2025 but then the said writ application was filed without availing the alternative remedy of moving before the District Appellate Authority, Education. It is further submitted that since the petitioners had not availed the alternative remedy, as such, the submission was made that petitioners be permitted to withdraw the writ application with liberty to move before the District Appellate Authority, Education. It is next submitted that C.W.J.C. No. 939 of 2025 was permitted to be withdrawn by an order dated 24.06.2025 based on the submission made but when the order was pronounced it came to the notice of the petitioners that liberty of moving before the District Appellate Authority, Education was not granted, as such, the instant modification application has been filed.

3. Learned AC to AAG-13 for the State does not oppose the said submission of the learned counsel appearing on behalf of the petitioners.

4. In view of the submissions made by the learned counsel appearing on behalf of the petitioners, the order dated 24.06.2025 is modified to read as "learned counsel for the petitioners at the outset seeks permission to withdraw the writ

Patna High Court MJC No.3212 of 2025(3) dt.26-09-2025 3/3 application with liberty to move before the District Appellate Authority, Education against the order of termination".

5. Permission is granted.

6. The order dated 24.06.2025 is modified to the extent indicated above.

7. Accordingly, the modification application is allowed.

(Satyavrat Verma, J) Kundan/- U