Patna High Court
Ashok KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The court grants the petitioner liberty to file an appeal before the District Teachers Appellate Authority within one month, subject to a condonation of delay petition, and directs the authority to decide the matter expeditiously.
Summary
Ashok Kumar filed a writ petition in the Patna High Court challenging actions of the State of Bihar’s education authorities. He contended that his grievance was similar to that raised in CWJC No. 5294 of 2025, where he was permitted to appeal before the District Teachers Appellate Authority, Gaya. The court examined whether the petitioner could be granted liberty to file such an appeal despite any procedural delay. Relying on the earlier order, the court held that the petitioner may file an appeal within one month, together with a condonation‑of‑delay petition, and that the appellate authority must decide the matter expeditiously. Accordingly, the writ application was disposed in accordance with the order dated 10‑04‑2025 in CWJC No. 5294 of 2025.
Issues considered
- Whether the petitioner is entitled to liberty to file an appeal before the District Teachers Appellate Authority despite delay
Subjects
- writ jurisdiction
- education department
- appeal
- condonation of delay
- District Teachers Appellate Authority
- civil procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9282 of 2025
======================================================
Ashok Kumar Son of Ramadhin Prasad, Resident of Village- Ghureparsa,
P.O.- Ayer, P.S.- Atari, District- Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Education Department,
Government of Bihar, Patna.
2. The Education Department, Government of Bihar, Patna.
3. The Director, Primary Education, Government of Bihar, Patna.
4. The District Magistrate, Gaya.
5. The District Education Officer, Gaya.
6. The District Programme Officer, (Establishment), Gaya.
7. The Block Education Officer, Mohra, Gaya.
8. The Executive Officer (Panchayati Raj Samiti) cum- Member Secretary
Block Planning Committee, Mohra Gaya.
9. The Panchayat Secretary, Gram Panchayat Raj, Bari Prakhand Mohra, Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Pandey, Adv
For the Respondent/s : Mr. Governent Advocate (10)
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 04-05-2026 Heard the parties.
2. Learned counsel for the petitioner submits that the
issue involved in the present writ application is similar to the
issue which was agitated in CWJC No. 5294 of 2025 and the
said writ application has been disposed of granting liberty to the
petitioner to file an appeal before the District Teachers Appellate
Authority, Gaya for redressal of his grievance. Learned counsel
for the petitioner, therefore, submits that on similar lines this
writ application be disposed of.
Patna High Court CWJC No.9282 of 2025(3) dt.04-05-2026
2/2
3. As prayed for, this writ application is disposed of in
terms of the order dated 10.04.2025 passed in CWJC No. 5294
of 2025 granting liberty to the petitioner to file an appeal before
the District Teachers Appellate Authority, Gaya for redressal of
his grievances within period of one month and if such an appeal
is filed along with condonation of delay petition within the time
stipulated, the District District Teachers Appellate Authority,
Gaya shall decide the matter in accordance with law
expeditiously.
(Alok Kumar Sinha, J)
kiran/-
U
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