IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14456 of 2009 BABY KUMARI, D/o Ram Sharan Singh, resident of Lakhibagh, Devi Asthan, P.O.-Buniyadganj, P.S.-Mufassil, District-Gaya. ……………Petitioner. Versus 1. The State of Bihar. 2. The Secretary, Primary Secondary & Adult Education Deptt., Government of Bihar, Patna. 3. The District Magistrate, Gaya. 4. The District Superintendent of Education, Gaya. 5. The Block Education Officer, Fatehpur, P.S.-Fatehpur, District-Gaya. 6. Smt. Mukhleshin Khatoon (Panchayat Teacher) In-charge Head Master, Primary School, Shabri Nagar, P.S.-Fatehpur, District-Gaya. ………….Respondents. For the petitioner: Mr. Sidhendra Narayan Singh, Adv. For the respondents: Mr. Santosh Kumar Singh, S.C.-22. -------------- 2/ 03.02.2010 Petitioner’s case is that being the seniormost trained teacher in the school, she should have been appointed as In- charge Head Mistress of the school. Despite, specific direction of the Block Education Officer, and the District Superintendent of Education, Gaya, the respondent no. 6 is not handing over charge to her. In this regard she has already submitted her representation before the Collector, the Block Education Extension officer and the District Superintendent of Education, Gaya, and they have directed respondent No. 6 to hand over charge to the petitioner but, still respondent No. 6 is not complying with the direction of superior authorities. Rule 17 of Bihar Panchayat Primary Teachers (Appointment and Service Conditions) Rules, 2006, vests power in the Appointment Committee, Vidyalaya Siksha Sammiti for initiating a departmental proceeding against teachers for disobedience and indisciplined acts. Such teachers, petitioner - 2 - may approach the Vidayalaya Shiksha Samiti, by filing an application for initiating disciplinary proceeding against the erring teacher, in case she has disobeyed the direction of the superior authorities. The petitioner has approached the District Magistrate, Gaya, but under the rule he is not the competent authority for taking such an action. This application is being disposed of, giving liberty to the petitioner to approach the appropriate forum. Sanjeet/ (Mridula Mishra, J.)