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
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.) -3-