Sarita Kumari vs The State Of Bihar
2022 Latest Caselaw 1042 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.6941 of 2021
     ======================================================

Sarita Kumari Wife of Ram Prakash Yadav Resident of Village - Near Middle School Anchra Ward No. 7 (Hanuman Nagar), P.O. - Anchra, P.S. - Forbesganj (Nawabganj), District- Araria

... ... Petitioner/s Versus

1. The State of Bihar Through the Commissioner-cum-Secretary, Department of Education, Govt. of Bihar, Patna

2. The Principal Secretary, Department of Education, Govt. of Bihar, Patna

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

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

5. The District Education Officer, Araria

6. The District Program Officer, Araria

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

For the Petitioner/s : Mr. Rakesh Kumar Jha For the Respondent/s : Ms. Binita Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 09-02-2022

The matter is heard via video conferencing due to

circumstances prevailing on account of the COVID-19 pandemic.

2. In the instant petition, petitioner has prayed for the

following relief/reliefs:

"That the petitioner prays issuance of an appropriate writ preferably in the nature of mandamus commanding and directing the respondents concerned to absorb the petitioners on the post of Class - III under the Respondents State as the petitioners are Ex- instructors of Adult and non-formal Education on several grounds including that the state Government has decided to absorb the Non-formal Education Supervisors on Class-III, post. Any/or other relief/s for Patna High Court CWJC No.6941 of 2021 dt.09-02-2022

which the petitioners are found in the entitled in the facts and circumstances of the case."

3. The aforesaid relief is not supported by

representation. The petitioner has also not established as to how

she has legal or statutory vested right in claiming the aforesaid

relief followed by demand before the competent authority. In the

absence of the aforesaid ingredients, the present petition cannot be

entertained in the light of Apex Court decision in the case of Mani

Subrat Jain V. State of Haryana reported in (1977) 1 SCC 486.

4. Accordingly, the present petition stands dismissed,

reserving liberty to the petitioner to file a representation before the

competent authority along with judicial pronouncements, if any,

within a period of eight weeks from the date of receipt of this

order. The competent authority is hereby directed to decide the

petitioner's representation within a reasonable period of time.

(P. B. Bajanthri, J) GAURAV S./-

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