Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16637 of 2012 ====================================================== Gyanti Kumari, D/O Sri Singhasan Ram, wife of Sri Rabindra Ram, R/O Village- Babna, Post Office- Kanhauli, P.S.- Darauli, District- Saran, at present posted and working as Panchayat Teacher in New Govt. Primary School, Tariban, Anchal- Darauli, District- Siwan Versus .... .... Petitioner/s 1. The State of Bihar 2. The Principal Secretary, Human Resources Development Department, Government of Bihar, Patna 3. The Director, Primary Education, Bihar, Patna 4. The District Magistrate, Siwan 5. The Deputy Development Commissioner cum Chairman, District Education Establishment Committee, Siwan 6. The District Education Officer, Siwan 7. The District Programme Officer (Establishment), Siwan 8. Block Development Officer, Darauli, District- Siwan 9. The Block Education Officer, Darauli, District- Siwan 10. The Mukhiya of Gram Panchayat Raj -Karom, Block- Darauli, District- Siwan 11. The Panchayat Secretary of Gram Panchayat Raj- Karom, Block- Darauli, District- Siwan 12. The Member, District Teacher’s Employment Appellate Authority, Siwan. 13. Rinki Kumari, W/O Shailesh Kumar Manjhi, R/O Village- Patauwa, P.O.- Mudera, P.S.- Darauli, District- Siwan. .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.18866 of 2012 ====================================================== Rinki Kumari, D/O Bidhya Nidhi Manjhi, W/O Shailesh Kumar Manjhi resident of Village-Patauva, P.O.- Murera, P.S.- Darauli, District- Siwan Versus .... .... Petitioner/s 1. The State of Bihar 2. The Principal Secretary Human Resources Development Department, Government of Bihar, Patna 3. The Director, Primary Education, Bihar, Patna 4. The Divisional Commissioner, Saran Division at Chapra 5. The District Magistrate, Siwan 6. The Deputy Development Commissioner-Cum-Chairman, District Education Establishment Committee, Siwan 7. The District Programme Officer (Establishment), Siwan 8. The Block Development Officer, Darauli, District- Siwan 9. The Block Education Officer, Darauli, District- Siwan 10. The Mukhiya, Gram Panchayat Raj-Karom Block- Darauli, P.S.- Darauli, District- Siwan 11. The Panchayat Secretary, Gram Panchayat Raj-Karom Police Station & Block- Darauli, District- Siwan 2
Legal Reasoning
Patna High Court CWJC No.16637 of 2012 (5) dt.28-11-2013 2 / 4 12. Gyati Kumari D/O Singasan Ram, Post Office- Kanhauli, Police Station- Darauli, District- Siwan 13. The Member, District Teacher’s Employment Appellate Authority, Siwan .... .... Respondent/s ====================================================== Appearance: (In CWJC No.16637 of 2012) For the Petitioner/s
Legal Reasoning
: Mr. Umesh Kumar Mishra, Advocate. For the State : Mr. Ashok Kumar Keshari, AAG 11 Mr. Ujjwal Kumar Sinha, A.C. to AAG 11 For the Respondent Nos. 10& 11: Mr. S.P. Bhakta, Advocate. For the Respondent No. 13: Md. Anjum Akhtar, Advocate. (In CWJC No.18866 of 2012) For the Petitioner/s : Mr. Md. Anjum Akhtar, Advocate For the State : Mr. Shashi Bhushan Kumar, S.C. 7 For the Respondent Nos. 10& 11: Mr. S.P. Bhakta, Advocate. For the Respondent No. 12: Mr. Umesh Kumar Mishra, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 5 28-11-2013 Learned counsel for the petitioner in CWJC No. 16637 of 2012 seeks permission to withdraw this writ application, wherein the following relief has been prayed: the signature of “(i) For issuance of an appropriate writ in the nature of certiorari for quashing the memo no. 01 dated 27.02.2012 issued the Panchayat Secretary, Gram under Panchayat Raj Karom Anchal-Darauli, District- Siwan by which the petitioner selection has been cancelled on 27.07.2012 from New Govt. Primary School, Tariban Anchal- Darauli, District- Siwan without any show cause notice or providing an opportunity of hearing to the petitioner and also for quashing the memo no. 02 dated 28.07.2012 by which the Panchayat Secretary of Gram Panchayat Raj Karom Anchal-Darauli has issued selection/appointment letter to the private respondent no. 13 Rinki Kumari without following the procedure and without jurisdiction? (ii) For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to allow the petitioner to continue on the respective post of Panchayat Teacher in New Govt. Primary School Tariban without any hindrance along with the consequential benefits i.e. payment of salary etc. (iii) For issuance of an appropriate writ in the nature of prohibition by restraining the respondents authorities concerned 3 Patna High Court CWJC No.16637 of 2012 (5) dt.28-11-2013 3 / 4 to not make any kind of hindrance in proper functioning of the petitioner as Panchayat Teacher, as the petitioner has been duly selected as Panchayat Teacher, as per the Bihar Panchayat Teacher Selection and Employment Rules, 2006 and on the basis of the same she is discharging her duties since 03.01.2007. (iv) For issuance of an appropriate writ in the nature of mandamus for commanding and directing the respondent authorities concerned to not make any kind of hindrance in proper functioning of the petitioner as a Panchayat Teacher in the aforesaid school i.e. New Govt. Primary School Tariban Anchal, Darauli, District- Siwan, as the appeal bearing case no. 774/11 by the private respondent no. 13 Rinki Kumari has been rejected by the reasoned order on 13.04.2012 by the Member, District Teacher’s Employment Appellate Authority, Siwan and after the decision of the appellate authority, the respondent Panchayat Secretary is not empowered to overlook the order and take a contrary decision to the Member, District Teacher Employment Appellate Authority, Siwan as decided by this Hon’ble High Court in several cases”. This writ application is dismissed as withdrawn, but it is made clear that the petitioner now will have no liberty to move this Court for the same cause of action. It goes without saying that when this writ application has been dismissed as withdrawn, interim order passed by this Court earlier on 10.09.2012 would also stand automatically vacated. In view of the fact that CWJC No. 16637 of 2012 has been dismissed today, the grievance of the petitioner Rinki Kumari in CWJC No. 18866 of 2012 stands redressed inasmuch as the relief prayed therein reads as follows: the signature of “(i) For issuance of an appropriate writ in the nature of certiorari for the quashing the order dated 13.04.2012 issued under the Member, District Teacher’s Employment Appellate Tribunal, Siwan ANNEXURE-12 by for selection as Panchayat/ which petitioner application Prakhand Teacher has been not considered by them and dismissed by them”. The learned counsel for the petitioner, Rinki Kumari, assailing the order of Tribunal dated 13.04.2012, by which her claim of selection and appointment on the post of Panchayat Teacher has been rejected holding her claim in case No. 774 of 2011 against the appointment of Gyanti Kumari unsustainable on 4 Patna High Court CWJC No.16637 of 2012 (5) dt.28-11-2013 4 / 4 account of higher marks of Gyanti Kumari in spite of the finding of the competent authority that the mark-sheet of Intermediate of Gyanti Kumari was found forged which now also stands approved by this Court, has submitted that the benefit of the same will have to be given to the petitioner, Rinki Kumari, by allowing her writ petition. As noted above, the marks-sheet of Gyanti Kumari has been found to be forged and thus whatever was recorded by way of finding against the petitioner Rinki Kumari in the order dated 13.04.2012 passed by the Tribunal in case No. 774 of 2011, the same must be held to be vitiated on account of detection of forgery in the marks-sheet of Intermediate Examination of Gyanti Kumari. Consequently, the order of the Tribunal dated 13.04.2012 in case No. 774 of 2011 is hereby quashed and the claim of Rinki Kumari is allowed. The petitioner, Rinki Kumari, after removal of Gyanti Kumari, had already been appointed as Panchayat Teacher on 28.07.2012 as contained in Annexure-C of the counter affidavit filed in CWJC No. 18866 of 2012 which was stayed by this Court earlier by an interim order dated 10.09.2012 in CWJC No. 16637 of 2012 and the same now stands vacated by this very order. Thus, the petitioner Rinki Kumari will now get the benefit of continuing in service with her back wages for the period she has worked on the post of Panchayat Teacher. With the aforementioned observation and direction, CWJC No. 18866 of 2012 is allowed. Sujit/- (Mihir Kumar Jha, J)