RADHIKA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard counsel for the parties. The prayer of the petitioner in this writ application reads as follows:--

(2.) Learned counsel for the petitioner in support of the aforementioned prayer has submitted that though a direction was issued by the Block Education Officer, Dhanarua to the Panchayat Secretary of the respective Gram Panchayat for terminating the services of the petitioner, she was never given notice and/or opportunity to explain and as such the decision for termination of her services is in violation of the principles of natural justice. In this regard, he has also relied on an order of this Court dated 30.8.2012 passed in C.W.J.C. No. 11059 of 2012 and its analogous cases (Arun Kumar & Anr. vs. The State of Bihar).

(3.) Learned counsel for the State on the other hand has submitted that it is an admitted position that the petitioner did not pass the qualifying examination and as such her services were fit to be removed in terms of Rule 12(iii) of Bihar Panchayat Prarambhik Shikshak (Niyogan and Seva Start) Niyamawali, 2006. He has also submitted that the order passed by this Court on 30.8.2012 in the case of Arun Kumar in no way can be said to be a law laid down, inasmuch as, the same was by way of consent of the counsel for the State.