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Patna High Court – Orders
Basanti Kumari vs The State Of Bihar &Amp; Ors on 20 December, 2010
                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CWJC No.4211 of 2010
                  1. BASANTI KUMARI W/O LATE RAMDHIN PRASAD
                  R/O VILL.- TAROPUR, P.S.- NARHAT, P.O.- TEYOR,
                  GRAM PANCHAYAT PANTHER, DISTT.- NAWADAH
                                          Versus
                  1. THE STATE OF BIHAR
                  2. THE PRINCIPAL SECRETARY-CUM-COMMISSIONER,
                  HUMAN RESOURCES DEVELOPMENT, GOVT. OF
                  BIHAR, PATNA OFFICE- NEW SECRETARIAT
                  BUILDING, BAILY ROAD, PATNA-1
                  3. THE DISTRICT SUPERINTENDENT OF EDUCATION,
                  NAWADAH
                  4. THE BLOCK EDUCATION EXTENSION OFFICER,
                  NARHAT, DISTT.- NAWADAH
                  5. THE MUKHIYA, GRAM PANCHAYAT-PANTHER
                  UNDER NARHAT BLOCK DISTT.- NAWADAH
                                        -----------

2 20/12/2010 Heard learned counsel for the petitioner and

learned counsel for the State.

Challenge in the present writ application is the

decision issued by the District Superintendent of

Education, Nawadah whereby and whereunder the

petitioner who was appointed earlier has been ordered to

be removed from the post of Panchyat Shiksha Mitra,

with an observation that if she has any grievance against

the said order, remedy lies before the District Teachers

Appointment Appellate Authority.

Learned counsel for the petitioner submits that

the District Superintendent of Education has no power
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and authority to exercise in such matters and in absence

of the same there was no occasion for him to issue any

kind of order muchless annexure-1. Stand of the

petitioner is further fortified by similar challenge having

been made in the case of Anjni Kumar Vs. State of Bihar

and others (C.W.J.C. NO. 14145 of 2009 disposed of on

28.1.2010). Such decision has been annexed as

Annexure-13 to the writ application where a clear and

categorical finding has been given that the impugned

order passed by the District Superintendent of Education

is in utter violation of the rules.

An illegal order passed by an authority not

vested with the power and jurisdiction goes to the root of

the matter and the petitioner cannot be compelled to

move an authority against an illegal order per se.

Keeping in mind the decision rendered in

annexure-13 and the factual matrix of the case, impugned

order dated 10.10.2009 and 31.12.2009 contained in

annexures-1 & 2 respectively are hereby quashed and

this writ application is allowed.

AMIN/                    (Ajay Kumar Tripathi, J.)
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