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2026 Supreme(Online)(Pat) 506

PATNA HIGH COURT
Nitu Kumari – Appellant
Versus
The State of Bihar – Respondent
CWJC-10568/2024



IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10568 of 2024 ======================================================

1. Nitu Kumari Daughter of Sri Ramnath Chaudhary, Resident of Village and Post-Gerabari Bazar, Police Station-Kodha, District-Katihar.

2. Bindu Kumari, Daughter of Sri Shivnandan Sah, Resident of Mohalla-

Gerabari Bazar, Police Station-Kodha, District-Katihar.

3. Ritu Kumari, Daughter of Murli Bhagat, Resident of Village-Lahsa, Police Station-Mansahi, District-Katihar.

4. Satyajeet Kumar Singh, son of Late Kinkar Singh, Resident of Village-

Indrapuri, Police Station-Katihar, District-Katihar.

... ... Petitioner/s Versus

1. The State of Bihar through the Additional Chief Secretary, Education Department, Govt. of Bihar, Patna.

2. The Director, Primary Education, Govt. of Bihar, Patna.

3. The District Magistrate, Katihar.

4. The District Education Officer, Katihar.

5. The District Programme Officer (Establishment), Katihar.

6. The Block Development Officer, Mansahi, Katihar.

7. The Block Education Officer, Mansahi, Katihar.

8. The Engagement Unit, Gram Panchayat Raj Fulhara, Block-Mansahi, District-Katihar.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr.Ranjan Kumar Singh, Adv.

For the State : Mr.Ajay Behari Sinha, GA 8 Mr. Upendra Kr. Singh, AC to GA 8 For the Res. No. 8 : Ms. Shilpi Keshari, Adv.

======================================================

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR

ORAL JUDGMENT

Date : 06-01-2026 Heard Mr. Ranjan Kumar Singh, learned Advocate for the petitioners and Mr. Ajay Behari Sinha, learned Senior Advocate for the State. The respondent No. 8 is represented through Ms. Shilpi Keshari, learned Advocate.

2. The petitioners are aggrieved with the order passed in Case No. Appeal T-941/2022 by which the appeal preferred by the respondent No. 8 has been allowed after setting aside the order dated 10.12.2020 passed in Appeal No. 20/2019 by the District Appellate Authority, Katihar. The respondent State Appellate Authority by the order impugned also pleased to cancel the appointment of the private respondents, the petitioners herein, with effect from their appointment within the fortnight and the concerned Panchayat Secretary has also been directed to recover the amount, if any, paid to them, in accordance with law.

3. Learned Advocate for the petitioners narrating the short facts of the case has submitted that in connection with the appointment of the Panchayat Teachers, some of the candidates had approached this Court in CWJC No. 5920 of 2011, titled as Saroj Kumar & Ors. vs. The State of Bihar & Ors. which came to be disposed of along with other analogous cases with a direction to the Employment Unit of Gram Panchayat Raj, Phulhara, Manashi in the district of Katihar for fresh counselling within the stipulated period. Aggrieved with the said order, the State of Bihar preferred Civil Review Appeal No. 456 of 2013 which came to be rejected on 14.05.2014. In terms with the order passed by this Court, 14 Primary Teachers were provided their engagement letters, out of total 20 vacancies. The petitioners having strengthen with the afore noted order, preferred Appeal bearing No. 20/2019 before the District Appellate Authority, Katihar. The afore noted authority having considered the claim of the petitioners, directed the Panchayat Teachers Employment Unit, Phulhara to facilitate the counselling and ensure employment within a month. 4. Notwithstanding the order passed by the District Appellate Authority, when the counselling of the petitioners could not be done, they approached this Court by filing CWJC No. 5234 of 2024 and the Court directed the Presiding Officer, District Appellate Authority, Katihar to dispose of the contempt petition within a period of six weeks. In the meanwhile, the Panchayat Secretary-cum Secretary, Panchayat Teacher Employment Unit has preferred a review application before the District Appellate Aut

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