Gyanu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2666 of 2020 ====================================================== Gyanu Kumar Son of Bhola Prasad Singh Resident of Village- Barhatia, Police Station Vaishali, District Vaishali at Hajipur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Education Department, Government of Bihar, Patna.

2.

The Principal Secretary General Administration Department, Government of BIhar, Patna.

3.

The Director, primary Education, Government of BIhar, Patna. 4.

The BIhar School Examination Board, through its Chairman, Budh Marg, Patna.

5.

The Secretary, Bihar School Examination Board, Budh Marg, Patna. 6.

The Chairman, Bihar School Examination Board, Budh Marg, Patna. 7.

Anand Kishore, Chairman, Bihar School Examination Board, Budh Marg, Patna.

8.

The District Magistrate, Muzaffarpur.

9.

The District Education Officer, Muzaffarpur.

10.

The District Programme Officer (Establishment), Muzaffarpur. 11.

The Block Education Officer, Paru, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dinu Kumar, Adv.

Mrs. Ritika Rani, Adv.

For BSEB Mr. Sunil Kumar Manda, Adv.

For the Respondent/s :

Mr. S.S. Tiwary, AC to AAG-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-07-2024 Heard learned counsel for the petitioner, learned counsel for the Bihar School Examination Board and learned counsel for the State.

2. The present writ petition has been filed for the following reliefs:

"(i) For quashing the office order vide Memo No. 8535 dated 04.01.2020 issued

Patna High Court CWJC No.2666 of 2020(11) dt.22-07-2024 2/3 under the signature of Secretary, Bihar School Examination Board, Patna addressed to the District Programme Officer (Establishment), Muzaffarpur as contained in Annexure-15 for taking action against the petitioner on the basis of original C.D. from processor after attestation of result card in compliance of the order passed on 14.05.2019 passed in C.W.J.C.No. 8723 of 2019 by the Hon'ble Mr. Justice Mohit Kumar Sah.

(ii) Also for commanding the respondents not to give effect to the verification report dated 02.05.2019 as contained in Annexure-11 by which the petitioner has not qualified in Bihar Elementary Teachers Eligibility Test, 2011 conducted by the Bihar School Examination Board, Patna.

(iii) Also for direction to the respondents to continue the payment of salary of the petitioner from the month of January, 2020 onwards.

(iv) To declare and hold the decision of the Bihar School Examination Board, Patna that the petitioner has not qualified in Bihar Elementary Teachers Eligibility Test, 2011 as per the verification report is void, illegal and bad in law.

(v) And also for necessary directions/reliefs to which the petitioner is found entitled to in

Patna High Court CWJC No.2666 of 2020(11) dt.22-07-2024 3/3 the facts and circumstances of the case."

3. Learned counsel for the petitioner produced a letter dated 19.08.2023 issued vide Memo No.5037 by the District Programme Officer Establishment, Muzaffarpur in which it is directed that in compliance of the order dated 10.11.2022, which is regarding the payment of salary to the petitioner, be complied and an information in this regard must be sent to the District Programme Officer Establishment, Muzaffarpur.

4. Let this letter be kept on record.

5. Considering the letter aforesaid and the order dated 14.05.2019 passed in C.W.J.C. No.8723 of 2019, this writ application is disposed of and the respondent authorities are directed not to stop the salary of the petitioner. (Anjani Kumar Sharan, J) devendra/- U