A foundational order must be challenged for associated appellate orders to be contested; otherwise, the writ application is not maintainable.

CAV JUDGMENT

Date : 15-12-2025 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the respondents.

2. The present writ application has been filed with a prayer for grant of the following reliefs:

(i) I. For issuance of an appropriate writ in the nature of certiorari for quashing the order dated 14.07.2017 passed in Appeal No. 56/2017 by the Chairperson of the learned State Appellate Authority, Patna filed by the petitioner, by which the learned State Appellate Authority, Patna has been pleased to disallow the said appeal without appreciating the entire facts of the present case, and also for quashing the order dated 28.02.2017 passed in Appeal Case No. 33/2016 by the learned Presiding Officer, i.e. District Teachers Employment Appellate Authority, Saran of the Appellate Authority filed by Shilpi, Daughter of Vinod Kumar, Resident of village-Bahuarapatti, Nagra, Marhawrah, District- Saran (Applicant Vs. Mukhiya/Panchayat Secretary, Gram Panchayat Raj Bahuara Patti & Mamta Kumari) by which he has passed the order on 28.02.2017 mentioning therein that Appeal No. 33/2016 filed by applicant, Shilpi Kumari is being accepted and Selection Committee has been directed to send a compliance report of the order of the Block Development Officer, Marhawrah dated 13.09.2008 within a week without appreciating the fact that since 25.08.2008 the Block Development Officer cannot pass the order in the matter of Panchayat Teacher.

II. For issuance of an appropriate writ in the nature of mandamus commanding/directing the respondent authorities concerned to allow the petitioner to continue as Panchayat Teacher in Government Primary School Semal Sarai, Block- Marhawrah, District-Saran, as she has been selected by following procedure in 2007, she is continuing since 23.02.2007, on the basis of the facts and circumstances as well as continuance for more than 10 years she may kindly be allowed to be continued taking into the age and experience of teaching in the school.

III. For issuance of an appropriate writ in the nature of prohibition by restraining the respondent authorities concerned to not make hindrance in proper functioning of the petitioner as a Panchayat Teacher in Govt. Primary School Semal Sarai, Block- Marhawarah, District-Saran, as she is continuing as Panchayat Teacher till date and she has passed the Teachers Efficiency Test also and also for restraining the respondent authorities concerned from implementation of the order dated 14.07.2017, passed in Appeal No. 56/2017 by the Chairperson of the learned State Appellate Authority and order dated 28.02.2017 passed in Appeal Case No. 33/2016 by the learned Member, District Teachers Employment Appellate Authority, Saran at Chhapra.

IV. For issuance of any other appropriate writ/writs, order/orders, direction/directions for which the writ petitioner will be found entitled in the facts and circumstances of the case.

FACTS

3. The case of the petitioners inter alia is as follows: 4. The petitioner, Mamta Kumari, claims that she was appointed as a Panchayat Teacher pursuant to the counselling held between 15.02.2007 and 19.02.2007, in terms of the schedule issued by the District Magistrate, Saran. She was issued an appointment letter dated 20.02.2007 issued under signature of the Panchayat Secretary, Gram Panchayat Raj, Bahuara Patti vide memo no. 07(Annexure 6), whereafter she joined her post on 23.02.2007. According to the petitioner, her appointment was made from the waiting list as several candidates having higher merit, including private respond