SMTJAISHREEGUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The writ petition has been filed for quashing the orders at Annexures 13 and 19 as a result of which the petitioner has been reverted from the post of Head Mistress in Girls' Middle School, Borio (hereinafter called the said School) and has been asked to function as Assistant Teacher in the said School and respondent No. 5 Smt. Sarla Soren has been asked to function as the Head Mistress of the said School.

(2.) Before filing the present writ-petition, she had also filed another writ-petition bearing C.W.J.C. No. 7339 of 1988 against the reversion order at Annexure 13 dated 1st September, 1988 issued by respondent No. 4 purporting to revert her from the said post but the said writ-petition was permitted to be withdrawn by an order of this Court dated 26th September, 1988. Thereafter again another writ petition was filed being C.W.J.C. No. 8539 of 1988 against the same order dated 1st September, 1988 but by way of inadvertance the fact about the withdrawal of the earlier writ petition being C.W.J.C. No. 7339 of 1988 was not initially mentioned. Thereafter, on detection of the said omission, a supplementary affidavit was filed in the said writ petition (C.W.J.C. No. 8539 of 1988). But when the said writ petition (C.W.J.C. No. 8539 of 1988) was finally taken up for hearing by this Court on 21st February, 1990 the same was dismissed on account of omission on the part of the petitioner in stating about the earlier filing and withdrawal of C.W.J.C. No. 7339 of 1988. But this Court while dismissing the said writ-petition being C.W.J.C. No. 8539 of 1988 by order dated 21st February, 1990 was pleased to observe that the petitioner may pursue other internal remedies available to her.

(3.) Now in this writ petition, the petitioner's case is that pursuant to the said order dated 21st February, 1990 she made a representation and the said representation was finally disposed of by an order dated 30th March, 1991 as contained in Annexure-19 purporting to revert the petitioner from the post of the Head Mistress of the said School.