IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.726 of 2026 ======================================================

Sarita Sinha Wife of Sri Kaushalendra Kumar, Resident of Village and P.O Husena, P.S.- Sarmera, District- Nalanda.

... ... Petitioner Versus

1. The State of Bihar through the Director, Primary Education, Govt. of Bihar, New Secretariat, Patna.

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

3. The District Education Officer, Nalanda.

4. The District Programme Officer (Establishment), Nalanda.

5. The Block Education Officer, Sarmera, P.O. and P.S.- Sarmera, District-

Nalanda.

6. The Member Secretary, Panchayat Teacher Employment Committee-cum-

Panchayat Secretary, Gram Panchayat Raj, Isua, Block- Sarmera, District-

Nalanda.

7. The Headmaster, New Primary School, Purani Isua, Block- Sarmera, District- Nalanda. ... ... Respondents ======================================================

Appearance :

For the Petitioner/s : Mr. Bipin Bihari Singh, Advocate For the Respondent/s : Mr. Addl. Advocate General (12)

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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER

2 20-01-2026 Heard learned counsel for the petitioner and learned counsel for the Respondent-State.

2. The petitioner has prayed for the grant of following relief:-

“That, this writ petition is for setting aside the order as contained in Letter No. 25 dated 17.06.2025 issued by Member Secretary, Panchayat Teacher Employment Committee-cum-

Panchayat Secretary, Gram Panchayat Raj, Isua, Block- Sarmera within the district of Nalanda dispensing with her services on dictate of superior authority, which is nullity in view of the judgment of the Apex Court in the case of Purtabpore Co. Ltd. vs. Cane Commissioner Of Bihar & Ors., reported in AIR 1970 SC 1896 by stating that there are irregularities in her appointment without following required process, authority and basic requirement, which is mandatory, basic and an elementary law as well as further prayer for reinstatement of her service with back wages in terms of law settled by the Court of Law dealing moreover same and similar issues/ claims and for other necessary relief/ relief's on the basis of facts and circumstances of the case as stated, enumerated and discussed hereinafter.”

3. It is a case of the petitioner that the petitioner had applied for engagement as Panchayat Teacher under Gram Panchayat Raj, Isua, Block-Sarmera within the district of Nalanda and being eligible her name was there in the list of successful candidates. However, the authority did not pay heed to the same and did not appoint the petitioner. Having no option left, the petitioner preferred an appeal bearing Appeal No. 348 of 2010 before the District Teachers Appellate Authority, Nalanda along with two other similarly situated persons, which was decided in favour of the petitioner with a direction to appoint the petitioner against the post of Panchayat Teacher within one month. As against this order passed by the District Teachers Appellate Authority, Nalanda, an appeal was preferred by the respondents before the State Appellate Authority bearing Appeal Case No. 572 of 2018 assailing the validity and correctness of the order passed by the District Teachers Appellate Authority, Nalanda. This appeal preferred by the respondents was dismissed on 20.08.2019 and the order of the District Teachers Appellate Authority stood affirmed.

4. It is the further case of the petitioner that in response to the order of the State Appellate Authority, Bihar, Patna, the Block Education Officer, Sarmera issued Memo No. 19 dated 22.01.2020 addressed to the Headmaster of the school for compliance of the order and acceptance of her joining. In its compliance, the Panchayat Secretary-cum-Member Secretary, Panchayat Teacher Employment Committee, Gram Panchayat Raj, Isua, Block-Sarmera issued Memo No. 128 dated 03.02.2020 and posted the petitioner in New Primary School, Puran