The instant writ application has been preferred by the petitioner for the following reliefs:-
(i) To issue a writ of quo warranto calling upon the respondents as to under what authority or right the respondent no. 4 holds the office and post of
Headmistress of Santal Middle School, Kairabani, P.O. Kairabani, P.S. Fatehpur, District-Jamtara;
(ii) To hold and declare that respondent no.4 (Mrs. Sharmila Sarkar) has any power and authority to hold a public office of the post of Headmistress in
Santal Middle School, Kairbani, inasmuch, as she does not have the requisite qualification of appointment of such post in view of the fact that she does
not have the qualification of postgraduation.
(iii) To further hold and declare the appointment and promotion of respondent no. 4 is in teeth of Rule 5(4) of the Bihar (now Jharkhand) Nationalized
Elementary School Teacher Promotion Rule, 1993, as respondent no. 4 was appointed on 4th October, 1993 as Assistant Teacher (Grade-I) and she
was promoted directly to the post of Headmistress (Grade-VII) on 1st of November, 2002 without completing the Kalawadhi (time period) as
enshrined in the said 1993 Rules.
(iv) To direct the officials respondents 1 to 3 to recover the salary from respondent no.4 for the period she is found unauthorizedly working either on
substantive post or promotional post and to take action against all erring officers, who were responsible for appointing/promoting respondent no.4 and
allowed her to continue on such post.
2. Mr. Manoj Tondon, learned counsel for the petitioner submits that the private respondent was appointed as an Assistant Teacher (Grade-I) on 4th
October, 1993 as was informed to the petitioner by way of information given to him under Right to Information Act and she was promoted to the post
of Headmistress of Santal Middle School, Kairabani on 1st November, 2002. Learned counsel further referred various circulars and submits that the
appointment and the promotion of respondent no. 4 is in teeth of Rule 5 (4) of the Bihar (now Jharkhand) Nationalized Elementary School Teacher
Promotion Rules, 1993, because the respondent no. 4 was promoted directly to the post of Headmistress on 01.11.2002 without completing the
Kalawadhi (time period) as enshrined in the said Rule.
3. No counter affidavit has been filed by the State. Mr. Mukesh Kr. Sinha, Sr. S.C.-II appearing for the state submits that the petitioner may be
directed to file a fresh representation and the same will be treated in accordance with law.
4. Since the matter is of 2014 as such without going into the merits of this case, I dispose of the writ application by directing respondent no. 2 to treat
this writ application as representation and take a decision within a period of four months in accordance with law, rules and regulations from the date of
receipt of copy of the order and after giving proper opportunity to the petitioner and respondent no. 4.
5. With the aforesaid directions the instant writ application is disposed of.
