Shankar Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6585 of 2021 ====================================================== 1.

Shankar Prasad Singh Son of Late Rameshwar Prasad Singh Resident of Nand Nagar, Chakdah, Near Sundar Chowk, Ward No. 08, P.O.- Madhubani, P.S.- Rajnagar, Block- Rajnagar, District- Madhubani, Presently posted as Assistant Teacher at Govt. UMS Balat, Block- Rajnagar, District2. Rakesh Kumar Son of Dineshwar Prasad Resident of Lakho Binda Campus, Santo Nagar, Ward No. 03, P.O.- Madhubani, P.S.- Madhubani Town, BlockRahika, District- Madhubani, Presently posted as Assistant Teacher at Govt. UMS Gausanagar (Hindi), Block- Rajnagar, District- Madhubani. 3.

Sunil Kumar Suman Son of Late Chamak Lal Yadav Resident of Kukrupatti, P.O.- Bhupatti, Via- Babubarhi, P.S.- Babubarhi, Block- Babubarhi, DistrictMadhubani, Presently posted as Assistant Teacher at Govt. MS Rampatti, Block- Rajnagar, District- Madhubani.

4.

Prakash Kumar Karn Son of Raj Narayan Lal Resident of Village Shivnagar, P.O.- Shivnagar, P.S. Benipatti, Block- Benipatti, District- Madhubani, Presently posted as Assistant Teacher at Govt. MS Rampatti BlockRajnagar, District- Madhubani. 5.

Jitendra Kumar Jha Son of Late Rewati Kant Jha Resident of Village Nawani, P.O.- Nawani, P.S. Araria Sangram, Block- Jhanjharpur, DistrictMadhubani, Presently posted as Assistant Teacher at Govt. MS Pariharpur, Block- Rajnagar, District- Madhubani.

6.

Sanjay Kumar Mishra Son of Late Mukti Nath Mishra Resident of Motipur, Ward No. 03, P.O.- Koilakh, P.S.- Rajnagar, Block- Rajnagar, DistrictMadhubani, Presently posted as Assistant Teacher at Govt. UMS Barhara Rampatti, Block- Rajnagar, District- Madhubani. 7.

Md. Shamim Akhtar Son of Late Zahid Hussain Resident of Village Bhagwatipur, P.O. Bhagwatipur, P.S. Pandaul, Block- Pandaul, DistrictMadhubani, Presently posted as Assistant Teacher at Govt. UMS Murlikha Rajnagar, Block- Rajnagar, District- Madhubani. 8.

Ganesh Kumar Singh Son of Late Ras Nandan Roy Resident of Satghara, P.O. Satghara, P.S. Babubarhi, Block Babubarhi, District- Madhubani, Presently posted as Assistant Teacher at Govt. UMS Kushmaul, BlockRajnagar, District- Madhubani. 9.

Anil Kumar Son of Late Ramchandra Singh Resident of At and P.O.- Thahar, Via Khajauli, P.O.- Thahar, P.S.- Khajauli, Block- Khajauli, DistrictMadhubani, Presently posted as Assistant Teacher at Govt. MS Simari, Block- Rajnagar, District- Madhubani.

10.

Manoj Mahto Son of Harilal Mahto Resident of Village Hariharpur, P.O.- Karua, Via Pusa, P.S.- Kalyanpur, Block- Kalyanpur, District- Madhubani, Presently posted as Assistant Teacher at Govt. UMS Moharpur, BlockPandaul, District- Madhubani. 11.

Surendra Kumar Son of Late Deo Narayan Raut Resident of Nariyal Bazar, Ward No. 16, Mahanthi Lal Chowk, P.O.- Madhubani, P.S.- Madhubani, Block- Rahika, District- Madhubani, Presently posted as Assistant Teacher at

2/7 Govt. PS Pariharpur East, Block- Rajnagar, District- Madhubani. 12.

Md. Ashfaque Son of Abdus Subhan Resident of Village Mureth, P.O.- Mureth Narhi, P.S.- Arer, Block- Benipatti, District- Madhubani, Presently posted as Assistant Teacher at Primary Maktab Loha Momin Tol South, Block- Kaluahi, District- Madhubani.

13.

Md. Wasi Ahmad Son of Md. Haroon Resident of Raghonagar, P.O. Bhauara, P.S.- Madhubani, Block- Rahika, District- Madhubani, Presently posted as Assistant Teacher at P.M. Bhachchhi Urdu, Block- Rahika, District- Madhubani.

14.

Pramod Kumar Ram Son of Rajendra Mahto Resident of J.P. Colony Ward No. 20, P.O.- Madhubani, P.S.- Madhubani, Block- Rahika, DistrictMadhubani, Presently posted as Assistant Teacher at Govt. PS Harinagar, Block- Rajnagar, District- Madhubani.

15.

Neyaj Ahmad Khan Son of Late Shamim Ahmad Khan Resident of Mohalla Kotwali Chowk, Ward No. 29, P.O.- Bhauara, P.S.- Madhubani, BlockRahika, District- Madhubani, Presently posted as Assistant Teacher at Primary Maktab Kasera Pokhar, Block- Rahika, District- Madhubani. 16.

Prabhas Kumar Jha Son of Ramesh Jha Resident of R.K. Puram Colony, Bhachchhi, P.O.- Bhachchhi, P.S.- Madhubani, Block- Rahika, DistrictMadhubani, Presently posted as Assistant Teacher at Govt. UMS Sundarpur Bhitthi, Block- Rahika, District- Madhubani.

17.

Zaki Akhtar Son of Abdul Majeed Resident of Village Khirhar, Umgaon, P.O.- Khirhar, P.S.- Khirhar, Block- Harlakhi, District- Madhubani, Presently posted as Assistant Teacher at MS Momin Tola, Block- Rahika, District18. Avinash Kumar Jha Son of Late Sukhchandra Jha Resident of Village Dulaha, Ward No. 06, Via Kewati, P.O.- Dulha, P.S.- Bisfi, Block- Rahika, District- Madhubani, Presently posted as Assistant Teacher at Govt. UMS Dhanukhi Jagatpur, Block- Rahika, District- Madhubani. 19.

Pinki Sharma Daughter of Late Brajeshwar Sharma Resident of Janki Nagar, Kotwali Chowk, P.O.- Madhubani, P.S.- Madhubani, Block- Rahika, District- Madhubani, Presently posted as Assistant Teacher at Govt. PS Mangrauni, Block- Rajnagar, District- Madhubani. 20.

Md. Sajid Hussain Son of Md. Kasim Rain Resident of Railway Gumati No. 13, Mansuri Tola, Chakdah, P.O.- Ranti, P.S.- Madhubani, Block- Rahika, District- Madhubani, Presently posted as Assistant Teacher at Urdu, MS Momintol, Block- Rahika, District- Madhubani. 21.

Mahendra Prasad Son of Ram Nihora Sah Resident of Basopatti, P.O.- Basopatti, P.S.- Basopatti, Block- Basopatti, District- Madhubani, Presently posted as Assistant Teachr at Govt. MS Basopatti, Block- Basopatti, District22. Rambhola Pandit Son of Ram Dayal Pandit Resident of Siriapur, Ward No. 03, P.O. Siriapur, P.S.- Basopatti, Block- Basopatti, District- Madhubani, Presently posted as Assistant Teacher at Govt. MS Patauna, BlockBasopatti, District- Madhubani. 23.

Ashwini Kumar Jha Son of Late Jayrudra Jha Resident of Gajhara, ViaKhutauna, P.O.- Khutauna, P.S.- Ladaniya, Block- Ladaniya, District-

3/7 Madhubani, Presently posted as Assistant Teacher at Govt. MS Pariharpur, Block- Rajnagar, District- Madhubani.

24.

Pramod Kumar Chaupal Son of Ram Pd. Chaupal Resident of Patwara, Ward No. 9, P.O. Patwara, P.S.- Rajnagar, Block- Rajnagar, District- Madhubani, Presently posted as Assistant Teacher at Govt. UMS Paliwar, BlockRajnagar, District- Madhubani. 25.

Krishna Sewakam Son of Mahabar Prasad Resident of Parwati Nagar, Ward No. 30, P.O.- Bhauara, P.S.- Madhubani, Block- Rahika, DistrictMadhubani, District- Madhubani, Presently posted as Assistant Teacher at Govt. MS Vidyabharti, Block- Rahika, District- Madhubani. 26.

Santosh Kumar Jha Son of Chiranjib Jha Resident of Koilakh, Motipur, P.O.- Koilakh, P.S.- Rajnagar, Block- Rajnagar, District- Madhubani, Presently posted as Assistant Teacher at Govt. MS Parsa, Block- Rajnagar, District27. Bechan Kumar Jha Son of Madhav Jha Resident of Harinagar, Raghuni Dehat, P.O.- Raghuni Dehat, P.S.- Rajnagar, Block- Rajnagar, DistrictMadhubani, Presently posted as Assistant Teacher at Govt. MS Parsa, BlockRajnagar, District- Madhubani. 28.

Sanjeev Kumar Mishra Son of Late Kamlakant Mishra Resident of Village Bhauahi, P.O.- Bhauahi, P.S.- Babubarhi, Block- Babubarhi, DistrictMadhubani, Presently posted as Assistant Teacher at Govt. MS Singioun, Block- Rajnagar, District- Madhubani.

29.

Binod Paswan Son of Shankar Paswan Resident of Village Khirhar, P.O.- Khirhar, P.S.- Khirhar, Block- Harlakhi, District- Madhubani, Presently posted as Assistant Teacher at Govt. MS Jhitki, Block- Harlakhi, District30. Bharat Das Son of Saguni Das Resident of Sukhwasi, P.O.- Damu, P.S.- Harlakhi, Block- Harlakhi, District- Madhubani, Presently posted as Assistant Teacher at Govt. MS Jhitki, Block- Harlakhi, District- Madhubani. 31.

Navin Kumar Mishra Son of Ramashish Mishra Resident of VillageKhirhar, P.O.- Khirhar, P.S.- Khirhar, Block- Harlakhi, District- Madhubani, Presently posted as Assistant Teacher at Govt. PS Simha Tol, BlockBasopatti, District- Madhubani. 32.

Md. Shahabuddin Son of Md. Israeel Resident of Mohalla Raghonagar, Ward No. 28, Bhauara, P.O.- Bhauara, P.S.- Madhubani, Block- Rahika, District- Madhubani, Presently posted as Assistant Teacher at Govt. MS Izra, Block- Rahika, District- Madhubani.

33.

Pradip Kumar Son of Late Rajgir Paswn Resident of Maharajganj, Ward No. 13, P.O.- Madhubani, P.S.- Madhubani, Block- Rahika, District- Madhubani, Presently posted as Assistant Teacher at Govt. MS, Block- , District34. Sanjay Kumar Paswan Son of Late Bhogendra Paswan Resident of Maharajganj, Ward No. 13, P.O.- Madhubani, P.S.- Madhubani, BlockRahika, District- Madhubani, Presently posted as Assistant Teacher at Govt. MS Maharajganj, Block- Rahika, District- Madhubani. 35.

Jay Prakash Bharti Son of Ramchandra Yadav Resident of Balanpatti, P.O.- Laxmipur, P.S.- Laukha, Block- Khutauna, District- Madhubani, Presently

4/7 posted as Assistant Teacher at Govt. PS Dehat Rajnagar, Block- Rajnagar, District- Madhubani.

36.

Sanjay Kumar Mahto Son of Murali Manohar Mahto Resident of Laheriaganj, Ward No. 1, Shahid Bhagat Singh Colony, P.O.- Madhubani, P.S.- Madhubani, Block- Rahika, District- Madhubani, Presently posted as Assistant Teacher at Govt. PS Khajuri, Rajhan, Block- Rahika, District37. Anil Kumar Son of Ram Charitra Kushwaha Resident of Malangia, P.O.- Malangia, P.S.- Rahika, Block- Rahika, District- Madhubani, Presently posted as Assistant Teacher at Govt. PS Khajuri (Hindi), Block- Rahika, District- Madhubani.

38.

Rizwan Alam Son of Nzir Ahmad Resident of Haripur Majrahi, P.O.- Kaluahi, P.S.- Kaluahi, Block- Kaluahi, District- Madhubani, Presently posted as Assistant Teacher at Primary Maktab Dhauga Majrahi, Madhubani, District- Madhubani.

39.

Pramod Kumar Son of Ramkrishna Sada Resident of Village Hisar, Via Khirhar, P.O.- Hisar, P.S.- Khirhar, Block- Harlakhi, District- Madhubani, Presently posted as Assistant Teacher at Govt. MS Kauaha Madhubani, District- Madhubani.

40.

Somesh Ranjan Son of Ishwar Narayan Mandal Resident of Village Selibelli, Via Jaynagar, P.O.- Selibelli, P.S.- Basopatti, Block- Basopatti, DistrictMadhubani, Presently posted as Assistant Teacher at Govt. UMS Chithai, Block- Basopatti, District- Madhubani.

41.

Manas Ranjan Son of Harihar Baitha Resident of Hisar, Via Khirhar, P.O.- Khirhar, P.S.- Khirhar, Block- Harlakhi, District- Madhubani, Presently posted as Assistant Teacher at Govt. MS Umgaon Madhubani, District42. Ranjit Kumar Ranjan Son of Ram Bhajan Yadav Resident of Village Madhiya, P.O.- Madhiya, P.S.- Basopatti, Block- Basopatti, DistrictMadhubani, Presently posted as Assistant Teacher at Govt. PS Parsa Musahari, Block- Basopatti, District- Madhubani. 43.

Md. Sarfaraj Ahmad Son of Md. Mahboob Alam Resident of Village Balkatwa, P.O.- Birpur, P.S.- Basopatti, Block- Basopatti, DistrictMadhubani, Presently posted as Assistant Teacher at Govt. PM Basopatti, Block- Basopatti, District- Madhubani.

44.

Asrar Ahmad Son of Abdul Gafur Resident of Village Balkatwa, P.O. Birpur, P.S.- Basopatti, Block- Basopatti, District- Madhubani, Presently posted as Assistant Teacher at Govt. PM Hatthapur, District- Madhubani. 45.

Sanjeev Kumar Son of Ashok Kumar Gupta Resident of Village Bairia, P.O.- Bairia, P.S.- Gopalpur, Block- Sampatchak, District- Patna, Presently posted as Assistant Teacher at Govt. UMS Kasiyauna, Madhubani, District46. Sushri Rekha Daughter of Sri Dharm Narayan Thakur Resident of Veena Kunj, C/o- Devendra Jha, Ward No.19, P.O.- Madhubani, P.S.- Madhubani, Block- Rahika, District- Madhubani, Presently posted as Assistant Teacher at MS Nagarpalika, Madhubani, District- Madhubani. 47.

Reeta Daughter of Sri Dharm Narayan Thakur Resident of Veena Kunj, C/o-

5/7 Devendra Jha, Ward No. 19, P.O.- Madhubani, P.S.- Madhubani, BlockRahika, District- Madhubani, Presently posted as Assistant Teacher at Govt. MS Sambhuar, Madhubani, District- Madhubani.

48.

Ramesh Kumar Pandey Son of Late Ram Ratan Pandey Resident of Sothgaon, P.O.- Sothgaon, P.S.- Harlakhi, Block- Harlakhi, DistrictMadhubani, Presently posted as Assistant Teacher at Govt. MS Harlakhi, Block- Harlakhi, District- Madhubani.

49.

Shiv Shankar Prasad Son of Late Arjun Yadav Resident of Mirjapur, P.O.- Mirzapur, Via- Ladania, P.S.- Ladaniya, Block- Ladaniya, DistrictMadhubani, Presently posted as Assistant Teacher at Govt. UMS Thadi, Block- Ladaniya, District- Madhubani.

50.

Amar Nath Kamat Son of Late Ayodhi Kamat Resident of Chhapki, P.O.- Ladaniya, P.S.- Ladaniya, Block- Ladaniya, District- Madhubani, Presently posted as Assistant Teacher at Govt. PS Lagdi Ladaniya, Block- Ladaniya, District- Madhubani.

51.

Pramod Kumar Singh Son of Palat Prasad Singh Resident of Bela Navtoli, P.O.- Babubarhi, P.S.- Babubarhi, Block- Babubarhi, District- Madhubani, Presently Posted as Assistant Teacher at Govt. MS Sonmati, Madhubani, District- Madhubani.

52.

Shiv Chandra Kumar Paswan Son of Budhan Paswan Resident of Khirhar, P.O.- Khirhar, P.S.- Khirhar, Block- Harlakhi, District- Madhubani, Presently posted as Assistant Teacher at Govt. MS Karuna, Madhubani, District53. Ramesh Mandal Son of Ram Narayan Mandal Resident of Jhitki, P.O.- Bangama, Via Narahiya, P.S.- Laukhi, Block- Laukhi, District- Madhubani, Presently posted as Assistant Teacher at Govt. UMS Narahiya Bazar, BlockLaukhi, District- Madhubani. 54.

Vijay Kumar Singh Son of LAte Ramyatan Singh Resident of Datuar, P.O. Khajauli, P.S.- Khajauli, Block- Khajauli, District- Madhubani, Presently posted as Assistant Teacher at Govt. UMS Inrawa Purab, Block- Khajauli, District- Madhubani.

55.

Tarun Kumar Sinha Son of Late Mukteshwar Prasad Sinha Resident of Astua, P.O.- Astua, P.S.- Singhwara, Block- Darbhanga, District- Darbhanga, Presently posted as Assistant Teacher at Govt. MS Pilakhwar, Madhubani, District- Madhubani.

56.

Arvind Kumar Singh Son of Late Arjun Prasad Shashtri Resident of Sarabe, P.O.- Khajauli, P.S.- Khajauli, Block- Khajauli, District- Madhubani, Presently posted as Assistant Teacher at Govt. MS Khajauli, BlockKhajauli, District- Madhubani. 57.

Md. Mansur Safi Son of Late Salim Safi Resident of Village Sonmati, P.O.- Patharahi, P.S. Babubarhi, Block- Babubarhi, District- Madhubani, Presently posted as Assistant Teacher at Govt. UMS Hathisara, Block- Babubarhi, District- Madhubani.

58.

Saroj Kumar Safi Son of Khattar Safi Resident of Narahiya, P.O.- Narahiya, P.S.- Laukhi, Block- Laukhi, District- Madhubani, Presently Posted as Assistant Teacher at Govt. PS Brindawan Harijantol, Block- Ladaniya, District- Madhubani.

6/7 59.

Ajit Kumar Mishra Son of Late Surendra Narayan Mishra Resident of Chitragupta Nagar, Ward No. 20, Stadium Road, P.O. Madhubani, P.S.- Madhubani, Block- Rahika, District- Madhubani, Presently posted as Assistant Teacher at Govt. PS Saurath (girls), Block- Rahika, District60. Ram Prakash Singh Son of Late Rajeshwar Prasad Resident of Sidhap, P.O.- Sidhap, P.S.- Ladaniya, Block- Ladaniya, District- Madhubani, Presently posted as Assistant Teacher at Govt. MS Mahtha, Block- Ladaniya, District61. Arun Kumar Mahto Son of Late Ramvilas Mahto Resident of Ward No. 4, C/o- Aasha Mahaseth Sarvoday Colony, P.O.- Madhubani, P.S.- Madhubani, Block- Rahika, District- Madhubani, Presently posted as Assistant Teacher at Govt. PS Samaul Dusadh Toli, Madhubani, District- Madhubani. 62.

Jitendra Kumar Paswan Son of Barelal Paswan Resident of Siswa Barhi, P.O.- Siswa Barhi, P.S.- Phulparas, Block- Phulparas, District- Madhubani, Presently posted as Assistant Teacher at Govt. MS Rajnagar, BlockRajnagar, District- Madhubani. 63.

Chandeshwar Prasad Singh Son of Late Singheshwar Singh Resident of Village Karma Via- Khajauli, P.O.- Khajauli, P.S.- Khajauli, BlockKhajauli, District- Madhubani, Presently posted as Assistant Teacher at Govt. PS Makunama, Madhubani, District- Madhubani. 64.

Santosh Kumar Jha Son of Bhogendra Jha Resident of M.S. Narpatinagar, P.O.- Narpatinagar, P.S.- Sakari, Block- Pandaul, District- Madhubani, Presently posted as Assistant Teacher at Govt. MS Narpatinagar, BlockPandaul, District- Madhubani. 65.

Akhilesh Prasad Singh Son of Late Ram Sushil Singh Resident of Village and P.O. Ektara, Via Arer Hat, P.O. Ektara, P.S.- Arer, Block- Benipatti, District- Madhubani, Presently posted as Assistant Teacher at Govt. PS Dichkhana, Block- Benipatti, District- Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Vikas Bhawan, Patna. 2.

The Principal Secretary, Department of Education, Government of Bihar, Vikas Bhaswan, Patna.

3.

The Director (Primary Education), Department of Education, Govt. of Bihar, Patna.

4.

The Regional Deputy Director of Education, Darbhanga Division, Darbhanga.

5.

The District Education Officer, District- Madhubani. 6.

The District Program Officer (Establishment), District- Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Avanindra Kumar Jha, Adv.

For the Respondent/s :

Mr.Subhash Chandra Mishra (Sc16) ======================================================

7/7 CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 31-03-2022 Heard the parties.

Considering it that this matter is covered by the Judgment dated 23.02.2022, passed in C.W.J.C. No. 5489 of 2020 (Suresh Ram Vs.

The State of Bihar & Ors.) and connected matters reported in 2022 (2) B.L.J., 381 and the Judgment dated 07.03.2022, passed in C.W.J.C. No. 34 of 2022 (Minakshi @ Sushre Minakshi & Anr. Vrs. The State of Bihar & Ors.), this petition is disposed of with the above terms. If an appeal is preferred before the District Appellate Authority/ State Appellate Authority, the same shall be taken up at the earliest and preferably decided within a period of three months. (Sanjeev Prakash Sharma, J) pravinkumar/- U