Suruchi Kumari vs The State Of Bihar Through The ...
2021 Latest Caselaw 5254 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.2136 of 2021
     ======================================================

Suruchi Kumari W/O- Prem Kumar Choudhary R/O- Village - Near Mandir, Ward No. 8, P.O. and P.S. - Bachhwara, District- Begusarai Pin- 851111 Presently working as Panchayat Teacher at Primary School, Narepur, Jokha, Bachhwara, Begusarai.

... ... Petitioner/s Versus

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

2. The Director, Primary Education, Govt. of Bihar, Patna.

3. The Chairman, Bihar School Examination Board, Patna.

4. The Secretary, Bihar School Examination Board, Bihar, Patna.

5. The Director, Academic, Bihar School Examination Board, Bihar, Patna.

6. The Director, State Council of Education Research and Training, (SCERT) Mahendru, Patna- 06.

7. The District Magistrate, Begusarai.

8. The District Education Officer, Begusarai.

9. The District Programme Officer (Establishment), Begusarai.

10. The Block Education Officer, Bachhwara.

11. The Block Development Officer, Bachhwara.

12. The Principal, District Institute for Education and Training ((DIET) Sahpur Begusarai.

13. The Panchayat Teacher Employment Unit, Narepur, Jokha, Bachhwara, Begusarai, through its Panchayat Secretary.

14. The Head Master, Primary School, Narepur, Jokha, Bachhwara, Begusarai.

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

For the Petitioner/s : Mr. Shashi Shekhar Tiwary, Advocate For the Respondent/s : Mr. Umesh Narayan Dubey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 16-11-2021 Heard Mr. Shashi Shekhar Tiwary, learned

Advocate for the petitioner and Mr. Umesh Narayan Dubey

for the State.

Patna High Court CWJC No.2136 of 2021 dt.16-11-2021

The services of the petitioner as Panchayat

Teacher was terminated because of her not having

acquired the requisite qualification by 2019.

She was appointed as an untrained Panchayat

Teacher in the year 2010. As the rules required, she

participated in D.El.Ed training course spanning over four

semesters in two years, but for one paper in one of such

semesters, she had been successful in clearing the

examination. In one of the papers, she score one mark

less than the pass marks, requiring her to appear in a

compartmental examination in which she later scored 66%

marks. However, the marks obtained by her in the

compartment examination could not be collated and the

petitioner was found to be untrained till 2019, leading to

her being terminated from service.

No sooner was this mistake realized by the

trainers, necessary correction was made in the mark-sheet.

On the strength of the aforesaid correction in the

mark-sheet, the petitioner made a representation before Patna High Court CWJC No.2136 of 2021 dt.16-11-2021

the concerned authority for her reinstatement as her

ouster from service on the ground of her not having

obtained requisite training till 2019 was incorrect.

That representation has yet not been responded

to.

This writ petition, therefore, is disposed off with a

direction to the concerned respondent to dispose of such

representation and pass necessary sequel action within a

specified period of time, preferably within a period of two

months from the date of receipt/production of a copy of

this order.

With the aforesaid direction/observation, the writ

petition is disposed off.

(Ashutosh Kumar, J)

krishna/-

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Uploading Date          18.11.2021
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