Minakshi @ Sushre Minakshi vs The State Of Bihar
2022 Latest Caselaw 1601 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Civil Writ Jurisdiction Case No.34 of 2022
     ======================================================

1. Minakshi @ Sushre Minakshi Wife of Dr. Kumar Sanjeev Resident of Vil-

lage and P.O.- Mow Dhaneshpur (South), Police Station- Vidyapati Nagar, District- Samastipur- 848503.

2. Kumar Ranjan @ Ranjan Kumar Son of Ram Sakal Yadav Resident of Vil-

lage- Sahit Brindavan,Post and Police Station- Vidyapati Nagar, District-

     Samastipur- 848503                                ... Petitioners


                                       Versus

1. The State of Bihar Through the Principal Secretary, Department of Educa-

tion, Government of Bihar, Patna.

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

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

4. The District Education Officer Samastipur.

5. The Panchayat Samiti Vidyapati Nagar, through its Chairman, Primary Edu-

cation, Vidyapati Nagar, Samastipur ... Respondents ====================================================== Appearance :

For the Petitioners : Mr. Sanjay Kumar, Adv. For the Respondents : Mr. Prabhakar Jha, GP XXVII ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL JUDGMENT Date : 07-03-2022

In view of the judgment passed in the case of Suresh

Ram Vrs. The State of Bihar & Ors. (C.W.J.C. No. 5489 of 2020)

and connected petitions where this Court has held as under :

"13. Having reached to the aforesaid conclusion, this Court directs that all the matters concerning teachers pending before this Court deserve to be first adjudicated on merits and on facts by the concerned relevant District Appellate authority. If still there is any grievance left, the concerned person would be entitled to take up the matter before the State Appellate Authority and this Court need not deal with such matters at the initial stage.

Patna High Court CWJC No.34 of 2022 dt.07-03-2022

14. Having stated so, the learned counsel have informed that on account of Pandemic for the last two years, the State Government has not taken any steps for forming District Appellate Authority and the District Appellate Authorities are non-functional in several districts.

15. Accordingly, it is directed that the writ petition and similarly situated other writ petitions are required dis- posed of in terms as aforesaid with liberty to approach the District Appellate Authority. The petitioner would be free to obtain a certified copy of the present petition and the counter affidavit if any filed by the respective State counsel to be made as part of the pleadings and file an application before the District Appellate Authority, who would be entitled to call for the records from the respec- tive schools/establishment/college etc. and after hearing the parties pass a speaking order expeditiously.

16. Learned counsel appearing for the State shall also in- form the Chief Secretary and Secretary of Education about the present order and it is directed that the Chief Secretary and the Secretary, Education Department shall take immediate steps for the respective District Appellate Authorities to start their function. The necessary staffs and members shall be appointed as early as possible not later than a period of one month from today. Necessary directions for their functioning shall also be passed accordingly.

Patna High Court CWJC No.34 of 2022 dt.07-03-2022

17. The writ petitions are accordingly, disposed of."

2. It is informed by the learned counsel for the petitioners

that the State Appellate Authority is not entertaining the petition

directly on the ground that it is an appellate forum. It is also in-

formed that the State Government has not formed the District Ap-

pellate Authority in several districts and the District Appellate Au-

thorities are non-functional. It goes without saying that the very

purpose of the Rules of 2020 is to provide alternative and effica-

cious remedy to the teachers for quick redressal of their grievances

relating to their services. In circumstances where the District Ap-

pellate Authority do not function or the same has not been formed

by the State Government, the State Appellate Authority which is

the extension of the adjudicating Authority powers given to the

District Appellate Authority, can not wash its hands off such cases

where the concerned teachers have approached directly the State

Appellate Authority for redressal of his/her grievance in

situations on account of the District Appellate Authority being

non-functioning.

3. The concerned litigants will of-course have to file an

affidavit to the effect that the District Appellate Authority is not

functioning.

Patna High Court CWJC No.34 of 2022 dt.07-03-2022

4. If such an affidavit is filed it is expected from the State

Appellate Authority to entertain the grievance directly and adjudi-

cate on the merits of the case.

5. Accordingly, the writ petition is disposed of.

(Sanjeev Prakash Sharma, J) Shamshad/-

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CAV DATE
Uploading Date          14.03.2022
Transmission Date