Md. Arzoo Alam v. The State Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16589 of 2024 ====================================================== Md. Arzoo Alam Md. Aiyub Ansari @ Aiyub Resident of VillageMangarwara Rahmatganj, P.O.- Mangarwara, Panchayat- Mangarwara, Block- Kumarkhand, District- Madhepura, District- Bihar. ... ... Petitioner/s

Versus

1 .

The State of Bihar, through the Principal Secretary, Human Resources, Government of Bihar, Patna.

2.

The Collector, at Madhepura, District- Madhepura. 3 .

The District Education Officer, at Madhepura, District- Madhepura. 4.

The District Programme Officer, at Madhepura, District- Madhepura. 5 .

The Block Education Officer, at Kumarkhand, District- Madhepura. 6.

The Secretary of Sant Ravidas Dalit Kalyan Sansthan, at Madhepura, District- Madhepura.

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

For the Petitioner/s :

Mr. Jitendra Kumar Giri , Advocate For the Respondent/s :

Dr. Mankeshwar Tiwari , AC to AAG 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-11-2024 Heard learned counsel for the parties.

2. The present writ application has been filed for directing the respondent/s to reengage the petitioner on the post of teacher in Maha Dalit Special Primary School in the Panchayat Mangarwara , ward No. 11 Center Mahadalit Tola , Block - Kumarkhand, which is run by Sant Ravidas Dalit

Patna High Court CWJC No.16589 of 2024(3) dt.20-11-2024 2/3 Kalyan Sansthan , Koshi Pramandal Saharsa .

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. He further submits that no reason has 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 District Appellate Authority by filing appeal and the concerned District Appellate Authority is directed to proceed in the matter and dispose of the same in accordance with law after hearing the parties, preferably within a period of six months thereafter.

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

7. It goes without saying that if any question of

Patna High Court CWJC No.16589 of 2024(3) dt.20-11-2024 3/3 limitation arises before the competent authority, the same shall be considered, taking into consideration the fact that the petitioner was pursuing the issue before this Court. (Prabhat Kumar Singh, J) Koushik/- U