Smt. Dr. Sanju Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17485 of 2017 ====================================================== Smt. Dr. Sanju Kumari W/o Rajiv Ranjan, Resident of Mohalla-Patel Nagar, P.S. Bihar District-Nalanda at Present Assistant Teacher Upgraded Middle School Karampur Under Block of Giriak District Nalanda. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Director, Primary Education, Govt. of BIhar, Patna. 3.

The Regional Deputy Director Education Patna Division, Patna. 4.

The District Education Officer, Nalanda at Bihar Sharif. 5.

The District Programme Officer, Establishment Nalanda at Biharsharif. 6.

The Chairman, District Primary Teachers Promotional Committee, Nalanda at Bihar Sharif.

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

For the Petitioner/s :

Mr.Amaresh Kumar, Advocate For the Respondent/s :

Mr.Prabhakar Jha -GP-27 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 24-02-2020 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The grievance of the petitioner in the present writ petition is that notwithstanding the fact that the petitioner appeared at the examination after obtaining prior permission of the District Superintendent of Education, Nalanda vide Annexure-1, petitioner claims for grant of promotion was arbitrarily rejected. Learned counsel for the petitioner further submitted that those who were granted permission to appear at the examination in similar manner they have been granted the

Patna High Court CWJC No.17485 of 2017(3) dt.24-02-2020 2/2 benefit of promotion.

Learned counsel for the petitioner has clarified that the examination in which the petitioner appeared pursuant to the permission of the concerned authority was in relation to academic session which was completed before entering the petitioner in service..

Considering the aforesaid, this writ petition is disposed of with the direction to the respondents to revisit the entire matter and take appropriate decision and if it is found that the petitioner appeared at the examination after obtaining prior permission of the District Superintendent of Education, Nalanda as per Annexure-1 the respondents are required to pass appropriate fresh decision granting benefit of promotion to the petitioner from the date the colleague of the petitioner has been granted.

(Anil Kumar Upadhyay, J) Niraj/- U