High Court Patna High Court - Orders

Kalpana Rani vs The State Of Bihar & Ors on 28 September, 2011

Patna High Court – Orders
Kalpana Rani vs The State Of Bihar & Ors on 28 September, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 LPA No.1569 of 2010

                  1. Kalpana Rani W/O Sri Sanjeev Kumar Thakur R/O Vill
                     Mohiuddinpur, P.O. Hansa, P.S.Warishnagar, Distt-
                  Samastipur                         ... Appellant.
                                          Versus
                   1.The State Of Bihar , Through The Principal Secretary,
                    Human Resources Development Department Government Of
                    Bihar, Patna
                  2. The Director, Primary Education , Human Resources
                    Development Department Government Of Bihar, Patna
                  3. The District Magistrate Samastipur, Distt-Samastipur
                  4. The District Superintendent Of Education Samastipur,
                     Distt-Samastipur
                  5. The Block Development Officer Warishnagar, Distt-
                    Samastipur
                  6. The Block Education Officer Warishnagar, Distt-Samastipur
                  7. The Mukhiya, Gram Panchayat Raj Mohiuddinpur, P.S.
                    Warishangar, Distt-Samastipur
                  8. The Secretary, Gram Panchayat Raj Mohiuddinpur, Block-
                    Warishangar, Distt-Samastipur
                  9. Shabana Praveen D/O Md.Yaseen R/O Vill Mohiuddinpur,
                     P.O. Hansa, P.S.Warishnagar, Distt-Samastipur
                  10.Prashant Kumar S/O Sri Dinesh Prasad Thakur R/O Vill
                     Mohiuddinpur, P.S.Warishnagar, Distt-Samastipur..
                                                        Respondents.
                                            -----------

8. 28.09.2011 By the order under appeal, the writ Court has

interfered with the order of the District Magistrate passed in

favour of appellant against respondent no.10 on two grounds,

firstly, it has been held by the writ court that the District

Magistrate lacked proper jurisdiction and in spite of remand

made by this Court he could not have decided the issue.

We do not have much difficulty in answering this

issue but the other ground on which the writ court has based its
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order is that no appointment could have been offered to the

appellant because the post of Shiksha Mitra stood abolished on

account of new Rules of 2006. This view of the writ court finds

support from a recent Division Bench judgment of this Court in

the case of Smt. Renu Kumari Pandey v. The State of Bihar,

C.W.J.C.No. 10113 of 2007 and some other analogous cases

decided on 23rd of August, 2011.

Mr. Y.V.Giri, Senior Advocate submits that the views

of the Division Bench in the aforesaid judgment require

reconsideration by a larger Bench because the post of Shiksha

Mitra did not stand abolished altogether, rather the incumbents

were given better service under a fresh nomenclature of

Panchayat Shikshak in terms of Rule 20 of the new Rules of

2006. He has further submitted that the State Government itself

recognized the rights of reengagement of Shiksha Mitra after

2006 Rules, in case they had been earlier removed on account

of not having the qualification of Intermediate and if they

acquired such qualification within the time permitted by the

State Government, which was three years. On the basis of such

stand of the State Government giving opportunity of enhancing

the qualification upto Intermediate as per the requirement of

new Rules, several orders accepting and approving such policy
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have been passed by this Court even in Division Bench. In view

of the aforesaid submissions and stand taken by Mr. Giri, we are

inclined to admit this application for hearing by a Full Bench.

Since Respondent nos. 9 and 10 have already appeared and the

other respondents are represented by learned counsel for the

State, there is no need of issuing notice.

Considering that large number of cases are arising on

the aforesaid issue, it is desirable that this appeal be heard by a

Full Bench at an early date which may be got fixed by the

Office under orders of Hon’ble the Chief Justice.

An extra copy of the Memorandum of appeal along

with relevant documents for use of the Full Bench should be

filed within six weeks, failing which this appeal shall stand

dismissed without further reference to a Bench.

In case the appellant is still working on the post in

question then she will be permitted to work until further orders.

(Shiva Kirti Singh,J)

Jay/
(Shivaji Pandey, J)