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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL REVIEW No.430 of 2018 In Civil Writ Jurisdiction Case No.18547 of 2017 ====================================================== 1.

The State Of Bihar through the Chief Secretary, Government of Bihar, Patna 2.

The Principal Secretary, Education Department, Govt of Bihar, Patna. 3.

The Principal Secretary, Department of Personnel and Administrative Reforms, Govt. of Bihar, Patna.

4.

The Director, Mass Education, Govt. of Bihar, Patna. ... ... Petitioner/s

Versus

1.

Bijay Kumar Son of Prithawi Chand Sah, Resident of Village- Maharajganj, Ward no.4, P.O.- Chakmaka, P.S.- Janki Nagar, District- Purnea. 2.

Umesh Paswan, Son of Guneshwar Paswan, Resident of VillageMaharajganj, Ward No.7, P.O.- Chakmaka, P.S.- Janki Nagar, DistrictPurnea. 3.

Sudhir Kumar, Son of Rajendra Paswan, Resident of Village- Maharajganj, Ward No.7, P.O.- Chakmaka, P.S.- Janki Nagar, District- Purnea. 4.

Rajendra Prasad Singh, Son of Late Niyatlal Singh, Resident of VillageChattpokhar, Tatma Toli, Ward No.26, P.O.- Bhatta Bazar, P.S.- G.Hat, District- Purnea.

5.

Md. Abdul Shamim Ahmad, Son of Shekh Masiruddin, Resident of VillageDhakwa, P.O.- Dhamdhaha, P.S.- Dhamdhaha,. District- Purnea. 6.

Renu Kumari, Daughter of Ramashankar Sah, Resident of VillageMohaniya Chakla, P.S.- Banmankhi, District- Purnea. 7.

Chandra Deo Yadav, Son of Janak Yadav, Resident of Village- Bir Nagar Noor Chak, Jorganj, P.S.- Bhargama, District- Araria. 8.

Surendra Yadav, Son of Ram Adhin Yadav, Resident of Village- Bir Nagar Noorchak, Jorganj, P.S.- Bhargama, District- Araria. 9.

Nandlal Thakur, S/o Late Kailu Thakur, Resident of Village- Bir Nagar Noorchak, Jorganj, P.S.- Bhargama, District- Araria. 10.

Md. Zubair Alam, Son of Md. Sayeed, Resident of Village- Bir Nagar West, P.S.- Bhargama, District- Araria.

11.

Sudha Kumari, D/o Muneshwar Mandal, W/o Shyama Nand Mandal, Resident of Village- Khuthara, P.O.- Aamghachi, P.S.- Sikti, District- Araria. 12.

Rajwanti Kumari @ Rajwanti Devi, D/o Jagat Narayan Singh, W/o Raj Ballabh Singh, Resident of Village- Sikariya, P.S.- Kurtha, District- Arwal. 13.

Usa Kumari, Daughter of Kishori Nayak, W/o Rajendra Prasad Nayak, Resident of Village- Sheoram, P.O.- Sheoram, P.S.- Baheri, DistrictDarbhanga. 14.

Sangeeta Devi, W/o Krishna Kumar Mahto, Resident of Village- Amata, P.S.- Baheri, District- Darbhanga.

Patna High Court C. REV. No.430 of 2018(3) dt.17-04-2019 2/3 15.

Ram Sagar Ray, Son of Jay Narayan Ray, Resident of Village- Amata, P.S.- Baheri, District- Darbhanga.

16.

Purnima Sinha, Wife of Devendra Kishore Sinha, Resident of VillageBarharwa, P.O.- Shukul Pakar, P.S.- Sugauli, District- East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar Ac To Ga 12 For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-04-2019 Since the order under review was passed with consent of the parties, no interference is required in the present case, however, it has been pointed out that the Judgment passed by the learned Division Bench in LPA No. 1047 of 2017, on the basis whereof the original writ petition was disposed of, has been modified by a Judgment of the learned Division Bench dated 27.06.2018 passed in Civil Review No. 59 of 2018 by which it has been directed that the matter be listed after passing of the order by the Hon'ble Apex Court in SLP (C) No. ...... of 2017 (Diary No. 25804 of 2017).

In view of the aforesaid submission of the learned counsel appearing for the petitioners-The State of Bihar, the order dated 15.03.2018 passed in CWJC No. 4249 of 2018 is modified to the extent that the same would abide by the final decision to be rendered by the Hon'ble Apex Court in SLP(C) No. ... of 2017 (Diary No. 25804 of 2017).

Patna High Court C. REV. No.430 of 2018(3) dt.17-04-2019 3/3 In view of the fact that the judgment passed by the learned Division Bench in L.P.A. No. 1047 of 2017, which was the basis for disposing of the original writ petition, has been modified by the learned Division Bench by a judgment dated 27.06.2018 passed in Civil Review No. 59 of 2018, the consequences have to follow, hence, there is no need of issuing notice to the private respondent and the matter is now required to be governed by the judgment to be rendered by the Hon'ble Apex Court in SLP ( C) No. ......... of 2017 (Diary No. 25804 of 2017) as well as by the final outcome of Civil Review No. 59 of 2018, which is pending adjudication before a learned Division Bench of this Court.

The present review petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) ajay gupta/- U