Amrita Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.259 of 2024 ====================================================== Amrita Kumari Daughter of Subhash Chandra Das, Resident of VillageAurahi Hingna, P.S.- Farbesganj, Dist- Araria. ... ... Petitioner/s
Versus
1.
The State of Bihar through its Chief Secretary, Old Secretariat, Patna. 2.
The Additional Chief Secretary, Department of Human Resources, Vikas Bhawan, Bailey Road, Patna.
3.
The District Programme Officer, Araria.
4.
The District Education Officer, Araria.
5.
Nitu Kumari, Daughter of Niranjan Kumar Paswan, Resident of Sharda Nagar Bus Stand Purnea, P.S.- Maranga, Dist- Purnea. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar For the Respondent/s :
Mr.Government Pleader 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT Date : 01-03-2024 Heard learned counsel for the petitioner and learned counsel for the State.
2. The present writ petition is filed for following reliefs:
"(i) Issuance of a writ in the nature of writ of certiorari to quash the letter no.3407 dated 15.06.2016, passed by the Respondent no.3 as contained in Annexure P/3 to this writ application whereby and where under the petitioner has been removed from the services as Panchayat teacher under Gram Panchyat Raj Aurahi on the ground that she has passed her Senior Secondary School Examination from the Board of Higher Secondary Education, New Delhi which is not recognized by the State Govt. or any other statutory body.
Patna High Court CWJC No.259 of 2024 dt.01-03-2024 2/3 (ii) Issuance a writ again in the nature of writ of certiorari for quashing the order dated 5.10.2018 vide Memo no.129, as contained in Annexure P/5 of this writ application, passed by the Id Presiding Officer District Appellate Authority, Araria by which the Appellate Authority has allowed the appeal filed by the private respondent no.5 and has cancelled the appointment of the petitioner. (iii) Issuance of a writ nature mandamus for commanding the respondent to reappoint the petitioner as Panchayat teacher and also for direction to remove the private respondent no. 5 from the post of Panchayat teacher under Gram Panchayat Raj Aurahi (West), Forbesganj, Araria. (iv) Issuance of any other Writ/Writs; Direction/Directions; Order/Orders to grant relief /reliefs to which the petitioner may be found entitled to in the facts and circumstances of the case."
3. Learned counsel for the petitioner submits that the State Appellate Authority has directed the petitioner to file a detailed representation before the Additional Chief Secretary (respondent no. 2) and also directed respondent no. 2 to dispose of the representation with a reasoned and speaking order within three months. He further submits that he had filed a detailed representation in 2019 before the respondent no. 2, but till date representation was not disposed of by the respondent no. 2.
4. Considering the fact, I direct the petitioner file afresh representation before the respondent no. 2, enclosing the present order, and the respondent no. 2 is also directed to pass a reasoned and speaking order within six weeks weeks, after hearing learned counsel for the petitioner.
5. It is made clear that respondent no.2 shall be
Patna High Court CWJC No.259 of 2024 dt.01-03-2024 3/3 personally responsible for non-compliance of this order within the stipulated period.
6. Accordingly, this writ petition stands disposed of.
(Anjani Kumar Sharan, J) anand/- AFR/NAFR NAFR CAV DATE NA Uploading Date .03.2024 Transmission Date NA