PATNA HIGH COURT ISSUES JUDGMENT ON SONAM KUMARI V/S THE STATE OF BIHAR AND ORS

PATNA, India, Feb. 25 -- Patna High Court issued the following judgment on Jan. 26:

1. Heard Ms. Nivedita Nirvikar, learned Senior Advocate along with Mr. Shambhu Sharan Kumar, learned Advocate for the petitioner and Ms. Vartika K Kashyap, learned Advocate for the State.

2. Challenge in the present writ petition is made to an order dated 24.05.2024 passed in Appeal/T-284/2023 by the learned State Appellate Authority, Education Department, Bihar, Patna whereby the appeal preferred by the respondent Block Education Officer, Saur Bazar, Saharsa was allowed and set- aside the order dated 06.06.2023 passed by the District Teachers Appellate Authorities, Saharsa in Appeal Case No. 08/2023 and the appointment of the petitioner has been canceled retrospectively from the date of appointment itself and further direction was given to make recovery of the amount paid to the petitioner till date.

3. Briefly stated, the petitioner applied for the post of Panchayat Teacher under BC(F) category in Kadhaiya Gram Panchayat in the year 2019-2020, in terms with Bihar Panchayat Primary Teachers (Appointment and Service Condition) Rules, 2012 (hereinafter referred to as, "Rules, 2012"). After completing all the procedure, a final merit list was published and the name of the petitioner figured at Sl. No. 26 along with others under BC category. Based on the merit position, counseling was done and finally the petitioner was selected as Panchayat Teacher on 26.02.2022 vide Memo No. 01.

4. Despite the petitioner having been duly appointed when she was not paid her salary, filed Appeal Case No. 08/2023 before the learned District Appellate Authority, Saharsa. The District Appellate Authority, Saharsa vide its order dated 06.06.2023 allowed the appeal holding that the appointment of the petitioner has been made on the basis of valid academic certificates in terms with relevant rules. Moreover, the petitioner has been regularly discharging her duty and none of the candidate has ever challenged or objected the selection of the petitioner, the District Appellate Authority held the petitioner entitled for salary and other benefits. It was further observed that if there was any irregularity in preparation of merit list action, if any, should be taken against the concerned officers for wrong calculation of merit points in terms of Memo No. 998 dated 22.09.2021, issued by the Education Department, Government of Bihar.

5. Aggrieved, the Panchayat Secretary filed a review application against the order passed by the District Appellate Authority, Saharsa. However, it also came to be rejected vide order dated 30.06.2023. In the meanwhile, since the Block Education Officer as well as Panchayat Secretary have also come out with letters restraining the petitioner from discharging her duties, the same were also set-aside. The Block Education Officer, Saur Bazar, Saharsa dissatisfied with the order passed by the District Appellate Authority preferred Case No. Appeal/T-284/2023 before the learned State Appellate Authority and accordingly, the impugned order came to be passed which is put to challenge by filing the present writ petition.

*Rest of the document can be viewed at: (https://patnahighcourt.gov.in/viewjudgment/MTUjOTI1NyMyMDI0IzEjTg==-mfzKwAP9btM=)

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