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Patna High CourtCWJC/21315/2019disposed

Ajit Kumar v. The State Of Bihar

2019-11-28Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21315 of 2019 ====================================================== 1.

Ajit Kumar son of Chhote lal Prasad, resident of Village- Gunvanti, Post Gunvanti P.S.- Bansi District- Araria was working as Panchayat Teacher Primary School Shantinagar Laxmipur, District- Purnia. 2.

Puja Kumari, Daughter of Anil Kumar, resident of village- Jankinagar P.S.- Jankinagar, District- Purina was working as Panchayat Teacher Primary School Santhaltola Gangapur, Block- Banmankhi, District- Purnia. 3.

Vinay Kumar Yadav, son of Janardan Prasad Yadav, resident of VilalgeItahari, Post Jankinagar P.S.- Jankinagar, District- Purnia was working as Panchayat Teacher Primary School Haripur Santhal tola Panchayat- Bohra, Block- Banmankhi, District- Purnia.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Collector, Purnia. 2.

The Collector, Purnia.

3.

The District Education Officer, Purnia.

4.

The District Programme Officer, Establishment, Purnia. 5.

The Block Education Officer, Banmankhi, Purnia. 6.

Panchayat Secretary, Panchayat Niyojan Unit, Gram Panchayat Raj Mahadevpur, Block- Banmankhi District- Purnia. 7.

Panchayat Secretary, Panchayat Niyojan Unit, Gram Panchayat Raj Gangapur, Block- Banmankhi, District- Purnia. 8.

Panchayat Secretary, Panchayat Niyojan Unit, Gram Panchayat Raj Bohra, Block- Manmankhi District- Purnia.

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

For the Petitioner/s :

Mr.Surya Narayan Yadav, Adv.

For the Respondent/s :

Mr. Ram Vinay Pd. Singh, AC to GA-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

All the three petitioners aggrieved against memo no.33 dated 20.09.2018, memo no.11 dated 24.09.2018 and memo no.24 dated 20.09.2018 whereby the petitioners have been removed to the

Patna High Court CWJC No.21315 of 2019(2) dt.28-11-2019 2/2 post of Panchayat Teachers respectively from, Primary School Shantinagar Laxmipur, District-Purnea, Primary School Santhaltola Gangapur, Block Manmankhi, District-Purnea, and Primary School Haripur Santhal Tola Panchayat, Bohra, Block-Banmankhi, DistrictPurnea due to submitting fake TET certificates. The grievance of the petitioners is redressable in appeal by District Teacher Appointment Authority under Rule-16 Bihar Panchayat Primary Teachers (Appointment and Service Conditions) Rules, 2015 by filing the appeal by the petitioners within 30 days. Since petitioners have remedy of appeal under Clause-16 Bihar Panchayat Primary Teachers (Appointment and Service Condition) Rule, 2015 hence petition is disposed of with direction to the petitioners to file appeal within 30 days from today which shall be entertained by the Appellate Authority condoning the delay and Appellate Authority will pass the order in accordance with law within six months. With the aforesaid observation, the writ application shall stand disposed of.

(Rajendra Kumar Mishra, J) Prakash Narayan /- U