IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6744 of 2009 Niharika Kumari, Daughter of Shri Nirbhay Kant Mani Tripathi @ Nirbhay Kant Tiwary, Resident of Village- Sughar, P.O.-Ghogha, P.S.-Gopalpur, District-West Champaran at Bettiah. ..........Petitioner Versus 1. The State of Bihar. 2. The Secretary to Govt. of Bihar, Department of Primary Education, Bihar, Patna. 3. The Collector/District Magistrate, West Champaran at Bettiah. 4. District Superintendent of Education, West Champaran, Bettiah. 5. The Block Development Officer, Chanpatia, P.S. Chanpatia, Dist-West Champaran. 6. The Block Extension Education Officer, Chanpatia, P.S. Chanpatia, Dist-West Champaran. 7. The Mukhiya of Gram Panchayat of South Ghogha, West Champaran, Bettiah. 8. The Panchayat Secretary of Sough Gogha, P.S. Gopalpur, West Champaran, Bettiah. 9. The Headmaster, Government Primary School, Mohochhi Sugga, P.S. Gopalpur, District West Champaran, Bettiah. 10. Nibha Kumari, wife of Shri Chandra Shekhar Dwivedi, resident of Village-Ghogha, P.S. Gopalpur, District West Champaran, Bettiah. …..Respondents. ---------------------------------- 2 12.08.2011 Heard the counsel for the petitioner and the State. Petitioner’s prayer is for quashing the order dated 07.05.2008 contained in Memo No. 533 passed by the Collector/ District Magistrate, West Champaran at Battiah (respondent no. 3), whereby in the light of 2 direction given by the High Court in the writ application filed by the Nibha Kumari, selection of Ragini Shrivastava has been cancelled and Nibha Kumari is directed to be reinstated on the post of Shiksha Mitra. Petitioner’s grievance is that earlier the District Superintendent of Education had examined this matter, on consideration of the claim of the petitioner vis a vis Nibha Kumari, a direction was issued to re-instate the petitioner. Respondent No. 10 challenged the order passed in favour of the petitioner in writ application. In the writ application, a direction was issued to the District Magistrate to examine the case of Respondent No. 10 and writ petitioner but the District Magistrate, without considering the case of the petitioner and Respondent No. 10, directed to appoint Ragini Sharivastava. The case of the petitioner, Respondent No. 10 and Ragini Shrivastava should be considered by the statutory District Teachers Appointment Appellate Tribunal. This application is being disposed of, giving liberty to the petitioner for filing appeal before the Tribunal. In case, such appeal is filed by the petitioner within four weeks from today, Tribunal will issue notice 3 to all concerned respondents along with Nibha Kumari for appearing before the tribunal and defending their claim. After hearing the parties final order will be passed by the tribunal in accordance with the law within three weeks from the date of filing of the appeal. Bhardwaj (Mridula Mishra, J.)