Md. Aurangzeb v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4757 of 2021 ====================================================== 1.

Md. Aurangzeb S/o Shri Shamsher Ansari Resident of VillagePurushottampur, P.O.-Kathiya Mathiya P.S.-Kangali, District-West Champaran.

2.

Parmeshwar Thakur S/o Shri Jagaat Narayan Thakur, Resident of VillageGulariya, P.O.-Sargatiya, P.S.-Gopalpur, District-West Champaran. 3.

Mahendra Sharma S/o Dinesh Sharma Resident of Village-Lakhraj, P.O. and P.S.-Sabour, District-Bhagalpur.

4.

Sanjay Kumar Sharma S/o Arjun Sharma Resident of Village-Arya Tola Sabour, P.O. and P.S.-Sabour, District-Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Commissioner-Cum-Secretary, Education Department, Government of Bihar, Patna.

2.

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

3.

The Principal Secretary, Department of Personnel and Administratiove Reforms, Government of Bihar, Patna.

4.

The Director, Mass Education, Education Department, Government of Bihar, Patna.

5.

The District Education Officer, West Champaran. 6.

The District Education Officer, Bhagalpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Respondent/s :

Mr. Ashutosh Ranjan Pandey, AAG 15 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 01-02-2022 This matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 Pandemic. In the instant petition, petitioners have prayed for the following relief(s):- "(a). For issuance of any appropriate writ/s especially in the nature of mandamus commanding and directing the

Patna High Court CWJC No.4757 of 2021 dt.01-02-2022 2/3 respondents concerned to observed the petitioners on the post of Class-III and Class- IV under the respondents state as the petitioner are ex-instructor of non formal educations on several grounds including that the state grounds including that the State Government has decided to absorb the nonformal education supervisor on Class-III post.

(b) For issuance of any appropriate writ/s, rule or b. directions as Your Lordships may deem fit and proper to the facts and circumstances of the case as well as for which the petitioners may be found entitled thereto."

For issuance of writ of mandamus there must be two ingredients namely legal and statutory right followed by demand before the competent authority. Perusal of the writ petition both the ingredients are not forthcoming, therefore, the present petition cannot be entertained in the light of Hon'ble Apex Court decision in the case of Mani Subrat Jain vs. State of Haryana reported in (1977) 1 SCC 486.

Accordingly, the present writ petition stands dismissed reserving liberty to the petitioners to approach the competent authority in submitting a detailed representation along with the judicial pronouncements, if any within a period of eight weeks from the date of receipt of this order. On receipt of petitioners' representation the competent authority is hereby directed to pass a

Patna High Court CWJC No.4757 of 2021 dt.01-02-2022 3/3 speaking order and communicate to the petitioners within a reasonable period of time.

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