Surendra Kumar And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6477 of 2017 ======================================================

1. Surendra Kumar S/o Mahabir Prasad Sah Resident of VillageBhansia, P.S. - Mahalgaon, District- Araria

2. Gyani Kumari D/o Mahabir Prasad Sah Resident of VillageRangjaha, P.S.-Palassi, District-Araria

3. Sanjay Kumar Sah S/o Kalanand Sah Resident of VillageBhansia, P.S. - Mahalgaon, District- Araria

4. Kalawati Kumari D/o Bishan Lal Sah Resident of VillagePechaili, P.S.-Plassi, District-Araria ... ... Petitioner/s

Versus

1. The State of Bihar through its Commissioner-cum-Secretary, Education Department, Government of BIhar, Patna

2. The Commissioner-cum-Secretary, Education Department, Government of Bihar, Patna

3. The Director, Mass Education, Education Department, Govenment of Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar For the Respondent/s :

Mr. Ashutosh Ranjan Pandey-Aag15 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 03-04-2018 The raised in this writ petition is no more res integra. A co-ordinate Bench of this Court and the LPA Court has already considered this issue. The judgment of the Co-ordinate Bench in CWJC No. 8414/2014 and the Division Bench in LPA No. 1489 of 2011 are clinching on the point. Recently a Coordinate Bench of this Court has also considered similar matter and passed the following order:- "In view of the developments noted above the case of the petitioner would also require a consideration by the respondents. It is

Patna High Court CWJC No.6477 of 2017(3) dt.03-04-2018 2/2 stated by Mr. Mishra that although these petitioners have already applied but the matter is not being disposed of.

Having heard learned counsel for the parties and considering that the issue stands settled, I deem it fit and proper to dispose of all these writ petitions with a direction to the respondent Nos. 2 to 4 to consider the claim of the petitioners in the backdrop of the issues settled by the Court and dispose of the same within a maximum period of 3 months from the date of receipt/production of a copy of this order.

All the writ petitions are accordingly, disposed of."

This writ petition is also disposed of in terms of the aforesaid order.

(Anil Kumar Upadhyay, J) Ravi/- U