IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10166 of 2010 1. URMILA KUMARI D/O LATE RAGHUNATH SHARMA R/O MOHALLA- MAHUA SHAHID, P.S. AND DISTT.- AURANGABAD Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, AURANGABAD 3. THE DISTRICT SUPERINTENDENT OF EDUCATION, AURANGABAD 4. THE BLOCK EDUCATION EXTENSION OFFICER, MADANPUR, DISTT.- AURANGABAD ----------- 2 03/03/2011 As per annexure-1 annexed with the writ application, petitioner was appointed as a part time teacher in Kasturba Gandhi Residential Girls School, Madanpur in the district of Aurangabad on contract basis valid for one year. Contract is extendable subject to review of the performance. Petitioner has now been removed by virtue of annexure-3. Submission of learned counsel for the petitioner is that it violates the principles of natural justice. No enquiry or show cause was issued and, therefore, the order of removal should be interfered with . The admitted position is that petitioner is not holder of a civil post and not a permanent government servant. If that be so, then all those Rules or constitutional protections under Article 311 of the - 2 - Constitution cannot be applied to the petitioner. If there is a breach of contract in the opinion of the petitioner, she has a remedy under the common law and this Court is not inclined to exercise its jurisdiction under Article 226 of the Constitution of India. This writ application is, thus, dismissed. However, dismissal of this writ application will not come in the way of the petitioner for moving the correct forum in this regard for appropriate declaration. AMIN/ (Ajay Kumar Tripathi, J.)