IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13243 of 2010 1. PAMPI KUMARI W/O KAMLESH KUMAR, D/O RAMBRIKSH SINGH R/O VILL.- PANDITPUR, P.O. & P.S.- RAJGIR, DISTT.- NALANDA Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE, NALANDA AT BIHAR SHARIF 4. THE DISTRICT SUPERINTENDENT OF EDUCATION-CUM- DISTRICT PROGRAMME CO-ORDINATOR, BIHAR EDUCATION PROJECT, NALANDA AT BIHAR SHARIF 5. THE BLOCK EDUCATION OFFICER, RAJGIR, NALANDA 6. THE HEAD MASTER, MIDDLE SCHOOL, PANDITPUR, P.S. RAJGIR, DISTT.- NALANDA 7. SUCHITRA DEVI W/O RAJ KUMAR R/O VILL.- PANDITPUR, P.S.- RAJGIR, DISTT.- NALANDA 8. THE CHAIRMAN, UTKARSH SANSTHAN SAMITI MIDDLE SCHOOL, PANDITPUR, P.S.- RAJGIR, DISTT.- NALANDA ----------- 02. 16.09.2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner claims to have been appointed as Voluntary Teacher at the Utkarsh Kendra located in the Middle School, Panditpur, Nalanda. It is submitted that under a scheme of the Government for dissemination of the education to the children not admitted in any school, Voluntary Teachers have been appointed on an honorarium of Rs. 2,000/- per month. The petitioner is acknowledged not to be a Government servant. It is submitted that the petitioner came to be appointed after a selection process and joined on 17.4.2010. The respondent no.7 then made a 2 complaint with regard to the appointment of the petitioner leading to the annulment of her appointment and directions for consideration of the latter by order dated 17.7.2010. It is submitted that even, if the petitioner is not a Government servant, but is discharging duties under a welfare scheme of the State Government, as an agent, the State authorities cannot behave arbitrary and are required to comply with the rudimentary principles of natural justice by giving a show cause notice and consideration of the cause shown before unseating her by a reasoned and speaking order. Specific assertion has been made in paragraphs 9 and 10 that the order dated 17.7.2010 is ex-parte in nature based on an alleged enquiry behind the back of the petitioner. Learned counsel for the State prays for time to seek instructions. The Court is of the opinion that no useful purpose shall be served by keeping the matter pending, requiring counter affidavit, issuing notice to respondent no.7. Prime facie, the petitioner has made out a case on her pleadings for issuance of notice to respondent no.7 and stay of operation of the impugned order dated 17.7.2010. The writ petition shall then come up for hearing at least 6 to 7 years later, as this 3 Court is presently hearing writ petitions of the year 2003-04. According to new system of listing, it is only fresh cases which are heard immediately. After the present hearing, this case goes into the normal course to be heard in its due turn. In that event, this Court opines, the petitioner shall virtually succeed without contest because of an interim order and respondent no.7 would loose out without an opportunity to contest. This Court therefore considers it proper to direct that the order dated 17.7.2010 shall be kept in abeyance, both with regard to the petitioner and respondent no.7. Both of them shall not be allowed to work on the post in question. Learned counsel for the petitioner sought to persuade the Court to allow the petitioner to work in the meantime. The Court is satisfied that it shall not be procedurally proper and shall be adverse to the interest of respondent no.7 to allow the same, as the matter is being disposed without a counter affidavit or notice to respondent no.7. This Court in 2004 (2) PLJR 833 (D.B.) (Smt. Sajjan Devi & Ors. Versus State of Bihar & Ors.) dealing with Anganbari Sevika/Sahaika has held that they are merely agents of the State Government not 4 entitled to similar protection as a Government servant. Nonetheless before their removal principle of natural justice by issuance of a show cause notice and consideration of the reply has to be complied with. If the petitioner files an application before the District Superintendent of Education-Cum- District Programme Co-ordinator, Bihar Education Project, Nalanda at Biharshariff, within two weeks from today. This Court requires him to hear the petitioner and respondent no.7, as also other concerned and then pass a reasoned and speaking order within a maximum period of two weeks from the date of receipt/production of a copy of this order before him. Nothing precludes the State authorities from making any in-charge working arrangement on the post in question, so that the Government scheme is not allowed to be prejudiced pending adjudication to the dispute between the petitioner and respondent no.7. The application stands disposed. P.K. ( Navin Sinha, J.)