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ALOK KUMAR SINHA
Kumari Bandana – Appellant
Versus
State of Bihar – Respondent
Alok Kumar Sinha, J.—Heard learned counsel for the petitioners and learned counsel appearing on behalf of the respondents.
2. The present writ application has been filed for the following reliefs:—
i. For issuance of writ in the nature of certiorari quashing the Order dated 24.08.2017 passed in Appeal No. 83 of 2017 passed by the learned State Appellate Authority, Bihar, Patna whereby the Appeal preferred by the Petitioners have been rejected on baseless grounds which were never in issue without application of judicious mind.
ii. For issuance of writ in the nature of certiorari for quashing of the Order dated 25.01.2016 passed by the Member, District Teachers Appointment Appellate Authority, Buxar in Case No. 04 of 2013 whereby the Appeal preferred by the Petitioners have been rejected reviewing its final Order dated 09.10.2014 by which the Petitioners joining was directed to be accepted by the Respondents at the Schools in which they were appointed.
iii. For further issuance of writ in the nature of mandamus directing the Respondents to accept the joining of both the Petitioners as per the Orders passed by the District Teachers Appointment Appellate Authority, Buxar dated 09.10.2014.
i
The District Teachers Employment Appellate Authority lacked jurisdiction to review its final orders, affirming that review power must be explicitly granted by statute. Any review attempt was invalid ....
A foundational order must be challenged for associated appellate orders to be contested; otherwise, the writ application is not maintainable.
The District Teachers Employment Appellate Authority lacks jurisdiction to review decisions made by the Block Development Officer, reaffirming the principle of jurisdiction in employment matters.
The Tribunal lacks jurisdiction to direct the appointment of individuals, as it exceeds the powers of both the Tribunal and the writ court.
The main legal point established in the judgment is the preference for a statutory appellate remedy over a judicial review under Article 226, and the inapplicability of the Rule against retrospectivi....
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