LALITA KUMARI, WIFE OF SATYENDRA KUMAR, ASSISTANT TEACHER, SHYMTA DEVI, PROJECT KANYA UCHCHA VIDYALAYA Vs. STATE OF BIHAR, SECRETARY (PRIMARY, SECONDARY AND MASS

JUDGEMENT

(1.) This case has a long chequered history. Petitioner virtually seeks her reinstatement in a School which, she claims, was a Project School. She was dismissed in the year 1987 and, as such, her dismissal by the Private Managing Committee was wrong. (Consequently, she prays for payment of her remuneration.

(2.) Petitioner was dismissed in 1987. She challenged her dismissal order by filing a writ petition being C.W.J.C. No. 3761 of 1989. The said writ petition was dismissed by order dated 21.03.1990 (Annexure-6). This Court gave a clear finding in the year 1990 that the School is absolutely a non-government and unrecognized institution. Therefore, no writ could be issued and the application was, thus, rejected. Petitioner was given liberty to move competent Civil Court for redressal of her grievances. This was the order passed by a Division Bench.

(3.) Petitioner then agitated the matter before the authorities and once again her claims were not considered by the authorities. She filed another writ petition being C.W.J.C. No. 8260 of 1995. The said writ petition was heard and finally disposed of by a learned Single Judge of this Court by order dated 18.03.1997 (Annexure-17). The learned Single Judge took note of the Division Bench judgment but apparently chose not to be bound by it, in view of subsequent judgments, which in its opinion had given a concrete shape to the law relating to the Project School. It found no new facts justifying interference yet, it went into various questions of fact and gave a finding contrary to the Division Bench judgment and remanded the matter for fresh consideration.