IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4211 of 2010 1. BASANTI KUMARI W/O LATE RAMDHIN PRASAD R/O VILL.- TAROPUR, P.S.- NARHAT, P.O.- TEYOR, GRAM PANCHAYAT PANTHER, DISTT.- NAWADAH Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY-CUM-COMMISSIONER, HUMAN RESOURCES DEVELOPMENT, GOVT. OF BIHAR, PATNA OFFICE- NEW SECRETARIAT BUILDING, BAILY ROAD, PATNA-1 3. THE DISTRICT SUPERINTENDENT OF EDUCATION, NAWADAH 4. THE BLOCK EDUCATION EXTENSION OFFICER, NARHAT, DISTT.- NAWADAH 5. THE MUKHIYA, GRAM PANCHAYAT-PANTHER UNDER NARHAT BLOCK DISTT.- NAWADAH ----------- 2 20/12/2010 Heard learned counsel for the petitioner and learned counsel for the State. Challenge in the present writ application is the decision issued by the District Superintendent of Education, Nawadah whereby and whereunder the petitioner who was appointed earlier has been ordered to be removed from the post of Panchyat Shiksha Mitra, with an observation that if she has any grievance against the said order, remedy lies before the District Teachers Appointment Appellate Authority. Learned counsel for the petitioner submits that the District Superintendent of Education has no power - 2 - and authority to exercise in such matters and in absence of the same there was no occasion for him to issue any kind of order muchless annexure-1. Stand of the petitioner is further fortified by similar challenge having been made in the case of Anjni Kumar Vs. State of Bihar and others (C.W.J.C. NO. 14145 of 2009 disposed of on 28.1.2010). Such decision has been annexed as Annexure-13 to the writ application where a clear and categorical finding has been given that the impugned order passed by the District Superintendent of Education is in utter violation of the rules. An illegal order passed by an authority not vested with the power and jurisdiction goes to the root of the matter and the petitioner cannot be compelled to move an authority against an illegal order per se. Keeping in mind the decision rendered in annexure-13 and the factual matrix of the case, impugned order dated 10.10.2009 and 31.12.2009 contained in annexures-1 & 2 respectively are hereby quashed and this writ application is allowed. AMIN/ (Ajay Kumar Tripathi, J.) - 3 -