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Patna High CourtCWJC/7173/2017disposed

Brij Kishor Kumar Singh And ORS v. The State Of Bihar And ORS

2018-12-04Mr. Justice Madhuresh Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7173 of 2017 ======================================================

1. Brij Kishor Kumar Singh Son of Dhurandhar Singh Resident of Village-Nautan, Police Station-Jamobazar, District-Siwan

2. Subodh Kumar Son of Ramnath Rai, Resident of Village-Semari, Police Station-Panapur, District-Chapra (Saran).

3. Gyanesh Kumar Son of Avinash Nath Mishra, Resident of Village-Patwatoli, Police Station-Lalganj, District-Vaishali

4. Upendra Prasad Yadav, Son of Late Babu Prasad Yadav, Resident of Village-Barwa, Police Station-Bhuarba, District-West Chamaran.

5. Bhishma Kumar Son of Bandan Prasad Yadav, Resident of Village-Jhakhri, Police Station-Amnaur, District-Chapra (Saran). ... ... Petitioners

Versus

1. The State of Bihar, through Principal Secretary, Department, of Education, Govt. of Bihar, Patna.

2. The Director (Secondary Education), Education Department, Govt. of BIhar, Patna.

3. The Regional Deputy Director of Education Saran Division, Saran (Chapra).

4. The Regional Deputy Director of Education, Tirhut Division Muzaffarpur

5. The District Magistrate, Siwan

6. The District Magistrate, Saran (Chapra)

7. The District Magistrate, Vaishali at Hajipur.

8. The District Magistrate, West Champaran.

9. The District Education Officer, Siwan

10. The District Education Officer, Saran (Chapra).

11. The District Education Officer, Vaishali at Hazipur

12. The District Education Officer, West Champaran ... ... Respondents ====================================================== Appearance :

For the Petitioners :

Mr. Aditya Narain Singh, Advocate and Mr. Kundan Kumar Sinha, Advocate For the Respondents :

Mr. Samir Kumar AC to Sc16 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 04-12-2018 Heard learned counsel for the petitioners as well as learned counsel for the respondents.

Learned counsel for the petitioners submits that 600 additional units had been allotted for employment of computer

Patna High Court CWJC No.7173 of 2017 dt.04-12-2018 2/3 teachers consequent to letter dated 1.9.2015 issued by the Director, Secondary Education, Government of Bihar (respondent no.1). It is submitted that there was a clear and specific direction to the district authorities to ensure that 600 units allocated under ICT at School Project, should be filled up by the concerned District Education Officer wherever equipments have been supplied for computerization by the Agency, namely, Educomp. In spite of such direction, no steps have been taken to ensure filling up of the vacancies of computer teachers and as a result the petitioners, who are prospective candidates for employment are not being able to get the benefits of the communication of the Director dated 1.9.2015. Petitioners have also brought the issue to the notice of the Principal Secretary, Education Department, Government of Bihar by filing a representation which has been received in his office on 22.9.2016, a copy of the same is annexure 6 to the writ petition.

No useful purpose would be served in keeping the writ petition pending and it is for the department itself to ensure compliance of its direction such as communication dated 1.9.2015 which is being relied upon by the petitioners. In the circumstances, the writ petition is disposed of with a direction to the Principal Secretary, Department of Education, Government of Bihar, Patna

Patna High Court CWJC No.7173 of 2017 dt.04-12-2018 3/3 (respondent no.1) to take appropriate steps so that the matter may reach its logical conclusion.

Respondent no.1 should take a final decision in accordance with law in respect of the employment of computer teachers in additional 600 units as referred to in the communication dated 1.9.2015 within a period of three months from the date of receipt/production of a copy of this order. (Madhuresh Prasad, J) Shashi AFR/NAFR NAFR CAV DATE NA Uploading Date 20.12.2018 Transmission Date NA