Rinki Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18269 of 2025 ====================================================== Rinki Kumari D/o- Binod Sahani, W/o- Ranjit Kumar, Residence of VillageKahriya, P.O. and P.S.- Hisua, District- Nawada, Bihar- 805103. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna.

2.

The Director, Primary Education, Government of Bihar, Patna. 3.

The District Magistrate, Gaya.

4.

The District Education Officer, Gaya.

5.

The District Programme Officer, (Establishment), Gaya. 6.

The Block Education Officer, Mohra, Gaya.

7.

The Panchayat Secretary-cum-Member Secretary, Panchayat Planning Committee, Block- Mohra, Gaya.

8.

The Head Master, Middle School, Jota, Block- Mohra, Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate :

Mr. Sanjay Kumar, Advocate :

Mr. Akshay Lal Pandit, Advocate :

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

Mr. Government Pleader (24) ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 17-11-2025 Heard learned counsel for the petitioner and learned counsel for the Respondent-State.

2. The petitioner in the present writ application has prayed for the grant of following reliefs:- i. For issuance of an appropriate writ/ writs, in the nature of certiorari for quashing and set aside the office order letter no.

letter No.-117/ Gaya dated 18-

2/6 01-2024 respectively passed by the District Education Officer, Gaya against the petitioner and directed the executive officer, the Panchayat Secretary-cumMember Secretary Block Planning Committee, BlockMohra District- Gaya to terminated the petitioner and after termination from the Prakhand Teacher, Middle School, Jota, Block- Mohra, Gaya of the petitioner and also insure to inform the office about the action taken against the petitioner. But after verification of the certificate of the petitioner was found genuine and correct sent by the Joint Secretary Jharkhand Academic Council Ranchi (Annexture-8).

ii. For issuance of an appropriate writ/ writs in the nature of 117 certiorari for quashing and set aside the office order 18-1-2024 memorandum no. 29/ dated 22.11.2023, passed by the Prakhand Secretary-cumMember Secretary Prakhand Planning Committee, BlockMohra, Gaya, in the light of said

3/6 letter, the petitioner have been terminated by the Panchayat secretary ウfrom the service, Prakhand Teacher Middle School, Jota, Block Mohra, Gaya to immediate effect on the basis of training certificate issued by Jharkhand Academic, Ranchi of Middle Teacher Training Examination in the year from 2014-2016 of the petitioner.

iii. For issuance of appropriate writ/writs in the nature of mandamus directing and commanding the respondent authority, after verification of the certificate of the petitioner was found true and correct. The petitioner was completed Primary Teacher Training Examination from Jharkhand Academic Council; Ranchi held in the Month of December 2016 and the Jharkhand Academic Council, Ranchi issued certificate to the petitioner on 28.12.2017. Thereafter the petitioner was applied for Block Teacher in the Gaya District.

iv. For issuance of an appropriate writ/writs in the

4/6 nature of mandamus directing and commanding the respondents to re-instate (re-appointment) the petitioner for the post of Block Teacher (immediate effect) Middle School, Jota, Block Mohra, District- Gaya, due to wrong assessment by the District Education Officer, Gaya without verification the certificate and mark-sheet of the petitioner, terminate from the service as a Block Teacher, Middle School, Jota, Block Mohra, District -Gaya. But after verification by the office of The Joint Secretary Jharkhand Academic Council Ranchi to mark-sheet and Certificate of the petitioner from register and after verify the mark-sheet and Certificate found true and correct, then the Joint Secretary, Jharkhand Academic Council Ranchi under signature of verification letter sent to DEO, Gaya as well as petitioner.

V. For any other relief/reliefs / orders, directions to which the petitioner may be found to be entitled.

3. Learned counsel appearing for Respondent-State

5/6 submits that the petitioner has alternative remedy before the District Teachers Appellate Authority constituted under the Rules for hearing the grievances of the teachers and the same is functional. He, therefore, prays that the petitioner may be directed to approach before the Appellate Authority.

4. Learned counsel for the petitioner submits that he is prepared to file an Appeal before the District Teachers Appellate Authority and prays that an appropriate direction be issued to the District Teachers Appellate Authority to entertain his Appeal and to decide the same on merit.

5. Considering the aforesaid submissions and taking note of the fact that the petitioner has efficacious alternative remedy, this writ application is disposed of with liberty to the petitioner to file an Appeal before the District Teachers Appellate Authority, Gaya. In case such an appeal is filed within a period of four weeks along with a petition for condonation of delay, it is expected that the District Teachers Appellate Authority, Gaya shall consider the same on its own merit and decide the same expeditiously in terms of Bihar State School Teachers and Employees District Redressal Rule 2020 in accordance with law.

6. This application is disposed of with liberty, as

6/6 aforesaid.

(Alok Kumar Sinha, J) Gaurav Sinha/- U