Mamta Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17154 of 2024 ====================================================== Mamta Kumari, W/o- Rajeev Kumar Singh, Resident of village- Basatpur (Bataspur), P.O.- Rupdih, P.S- Muffasil, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Commissioner-cum-Secretary, Education Department, Govt. of Bihar, Patna.

3.

The Principle Secretary, Govt. of Bihar, Patna. 4.

The Director, Directorate Mass Education, Education Department, Govt. of Bihar, Patna.

5.

The Additional Secretary-cum-Director, Directorate Mass Education, Govt. of Bihar, Patna.

6.

The Secretary, Cooperation Committee, Cooperative Department, Govt. of Bihar, Patna.

7.

The Registrar, Cooperation Committee, Cooperative Department, Govt. of Bihar, Patna.

8.

The District Education Officer (Secondary Educational and Literacy), East Champaran at Motihari.

9.

The District Programme Officer (Secondary Educational and Literacy), East Champaran at Motihari.

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

For the Petitioner/s :

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

Mr. Kumar Ajay, GA-5 Mr. Rakesh Ranjan, AC to GA-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 13-11-2024 Heard the parties.

2. The petitioner has invoked the extraordinary writ jurisdiction of this Court under Article 226 of the Constitution seeking a direction upon the respondents concerned to issue appointment letter in favour of the petitioner, who has been selected on the post of Class-IV employee as Non-Formal

Patna High Court CWJC No.17154 of 2024(2) dt.13-11-2024 2/3 Instructors in the Department of Registrar, Cooperation Committee, Cooperative Department, Bihar, Patna in terms of the letter issued by the respondent no.5 as contained in Memo No. 2035 dated 28.11.2023.

3. Shorn of unnecessary details, learned counsel for the petitioner contended that in terms of the order of this Court, the petitioner submitted her application along with the folder before the District Level Committee, whereupon the application of the petitioner was forward to the department of Directorate, Mass Education, Government of Bihar, Patna. On being found eligible for absorption/appointment on the post of Class-IV employee, in view of Resolution No. 945 dated 27.04.2017 issued by the Principal Secretary, Government of Bihar, Patna, the respondent no.5 issued letter bearing no. 2035 dated 28.11.2023 to the Registrar Cooperation Committee, Cooperative Department, Government of Bihar, Patna for issuance of the appointment letter in favour of the petitioner along with other persons. The copy of Memo No. 2035 dated 28.11.2023 has been placed on record as Annexure-P10. In view of the letter issued by the respondent no.5, the petitioner submitted her application along with the relevant documents before the Registrar Cooperation Committee, Cooperative

Patna High Court CWJC No.17154 of 2024(2) dt.13-11-2024 3/3 Department, Government of Bihar, Patna for issuance of the appointment letter, but the same is pending consideration till date, compelling the petitioner to approach before this Court.

4. Learned counsel for the State prays for a short adjournment to verify the averments made in the writ petition and ensure filing of the counter affidavit.

5. Having heard learned counsel for the respective parties and taking note of the limited grievance of the petitioner, this Court deems it fit and proper to dispose off the writ petition with a direction to the respondents no. 6 and 7 to consider the application of the petitioner as placed on record vide AnnexureP11 and take appropriate action in the matter, preferably within a period of four weeks from the date of receipt/production of a copy of this order.

6. Suffice it to say that if the candidature of the petitioner is duly accepted for absorption/appointment, necessary appointment letter be issued within the stipulated period.

7. The writ petition stands disposed off with the aforesaid direction.

(Harish Kumar, J) rohit/- U