Atal Bihari Vibhuti @ Atal Bihari Bibhuti And ORS v. The State Of Bihar Through The Principal Secretary Namely Mr. R. K. Mahajan, And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.59 of 2019 In Civil Writ Jurisdiction Case No.5109 of 2016 ====================================================== 1.

Atal Bihari Vibhuti @ Atal Bihari Bibhuti and Ors Son of Shiv Narain Sah R/o Vill.- Aliganj Gangti, P.S.- Mojahdipur, District- Bhagalpur. 2.

Ashfak Alam, Son of Md. Abdul Kuddush, R/o Vill.- New Colony, Lal Kothi, Tatarpur, District- Bhagalpur.

3.

Sanjay Kumar, Son of Sri Deep Narain Sah, Resident of Village- Shermari, P.O.- Pirpaiti, P.S.- Pirpaiti, District- Bhagalpur. 4.

Rajendra Prasad, Son of Late Mathura Prasad, R/o Vill.- Nayachak Mirjan Hat, P.S.- Irshak Chak, District- Bhagalpur.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary namely Mr. R. K. Mahajan, and ors Education Department, Government of Bihar, Patna. 2.

Mr. R.K. Mahajan, The Principal Secretary, Education Department, Government of Bihar, Patna.

3.

Mr. Arvind Kumar Verma, The Direcctor, Primary Education, Education Department, Government of Bihar, Patna.

4.

Mr. Pranav Kumar, The District Magistrate, Bhagalpur. 5.

Mr. Madhusudan Paswan, The District Education Officer, Bhagalpur. 6.

Mr. Janardan Biswas, The District Programme Officer (Establishment), Bhagalpur.

7.

Mr. Birendra Kumar, The District Programme Officer (Sarv Shiksha Abhiyan), Bhagalpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jagjit Roshan For the Opposite Party/s :

Mr.Smt. Shilpa Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 31-07-2019 Learned counsel for the opposite parties submits that the opposite party has considered the case of the petitioners and passed order contained in Annexure-B dated 31.12.2018. Learned counsel appearing on behalf of petitioners

Patna High Court MJC No.59 of 2019(4) dt.31-07-2019 2/2 submits that the compliance shown by the opposite parties is wrong compliance.

Considering the limited jurisdiction of the contempt Court, the Court is not in a position to grant any further indulgence. However, liberty shall be available to the petitioners to challenge the decision of District Education Officer, Bhagalpur/District Programme Officer (Establishment) contained in Memo No.2868 dated 31.12.2018 in appropriate proceeding in accordance with law.

With the aforesaid, the present application stands disposed of.

(Anil Kumar Upadhyay, J) mdrashid/- U