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Patna High CourtCWJC/11796/2017dismissed

Rinku Kumar v. The State Of Bihar And ORS

2018-02-21Mr. Justice Dr. Anil Kumar Upadhyay35 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10261 of 2017 Tarun Kumar, Son of Khushilal Yadav, Resident of Ward No. 10, Simraha, Saraunjbela P.S.- Supaul, District- Supaul, (Bihar).

10. The District Education Officer, (Establishment), Supaul.

11. The Block Education Extension Officer, Nirmali, Supaul. Civil Writ Jurisdiction Case No. 10302 of 2017 Umesh Kumar @ Umesh Kumar Chaudhary Son of Sitaram Chaudhary Resident of Ward No. - 1, Daha, Babhani, Bhelwa, P.S. - Madhepura, District - Madhepura (Bihar).

9. The District Project Officer (Establishment), Madhepura.

11. The Block Education Extension Officer, Supaul.

2/35 Civil Writ Jurisdiction Case No. 10285 of 2017 Bipin Kumar Yadav Sono f Kamleshwari Yadav, Resident of Village-Ward no.-10, Khaira, Garhia, Vijaypur, P.S.-Saur Bazar, District-Saharsa, (Bihar).

1. The State of Bihar

3. The Deputy Director, Primary Education, Human Resources Department,

4. The deputy Director, Primary Education, Human Resources Department, New

5. The Regional Deputy Director of Education, Saharsa,

6. The District Education Officer, Saharsa,

7. The District Programme Officer, (Establishment), Saharsa

8. The District Education Officer, madhepura,

9. The District Project Officer,(Establishment), Madhepura,

10. The District Education Officer, (Establishment), Supaul,

11. The Block Education Extension Officer, Saur, Saharsa Civil Writ Jurisdiction Case No. 10291 of 2017 Satyanarin Chaudhary Son of Masudan Chaudhary Resident of Village- Parri, P.S.- Bangaon, District- Saharsa(Bihar).

3. The Deputy Director, Primary Education, Human Resources Department,

7. The District Education Officer (Establishment), Saharsa

8. The District Education Officer,Madhepura.

10. The District Education officer, (Establishment), Supaul.

11. The Block Education Extension Officer, Supaul. Civil Writ Jurisdiction Case No. 10300 of 2017

3/35 Bal Krishna Yadav Son of Hirday Narayan Yadav Resident of VillageMajurwa, P.S.- Triveniganj, District- Supaul (Bihar). Patna

3. The Deputy Director, Primary Education, Human Resources Department,

7. The District Education Officer(Establishment), Saharsa.

10. The District Education Officer(Establishment), Supaul.

11. The Block Education Extension Officer, Triveniganj, Supaul. Civil Writ Jurisdiction Case No. 10766 of 2017 Sushil Kumar, Son of Domi Yadav, Resident of No. Village- Narha, P.S.- Gamhariya, District- Madhepura (Bihar).

3. The Director, Primary Edcuation, Human Resources Department, New

4. The Deputy Director, Primary Edcuation, Human Resources Department,

10. The District Education Officer, (Establishment), Supaul,

11. The Block Education Extension Officer, Pipra, Supaul. Civil Writ Jurisdiction Case No. 10751 of 2017 Kalyan Kumar, Son of Mahendra Chaudhary, Resident of Basha, Ward No.8, P.S.- Supaul, District- Supaul, (Bihar).

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9. The District Project Officer (Establishment), Madhepura.

11. The Block Education Extension Officer, Singheshwar, District- Madhepura. Civil Writ Jurisdiction Case No. 10264 of 2017 Taranand Yadav, Son of Raghunandan Yadav, Resident of Ward No.- 10, Lachminiya, Daparkha, P.S.- Supaul, District- Supaul (Bihar).

10. The District Education Officer, (Establishment), Supaul.

11. The Block Education Extension Officer, Supaul. Civil Writ Jurisdiction Case No. 10461 of 2017 Manoj Kumar, Son of Deonarayan Yadav, Resident of Mohalla- 73, Kishanpur Road, Gauravgarh, Ward No. -4, P.S.- Supaul, District- Supaul (Bihar).

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11. The Block Education Extension Officer, Supaul. Civil Writ Jurisdiction Case No. 11485 of 2017 Subhash Kumar Mandal Son of Lakshmi Kant Mandal, Resident of VillageWard No.-4, Basaha P.S.-Pipra, District-Supaul, (Bihar),

1. The State of Bihar Secratariat, Patna.

4. The deputy Director, Primary Education, Human Resources Department, New

5. The Regional Deputy Director of Education, Saharsa,

6. The District Education Officer, Saharsa,

7. The District Education Officer (Establishment), Saharsa

8. The District Education Officer, Madhepura

9. The District Project Officer, (Establishment), Madhepura,

10. The District Education Officer,(Establishment), Supaul,

11. THe Block Education Extension Officer, Supaul Civil Writ Jurisdiction Case No. 11386 of 2017 Dinbandhu Kumar Son of Krishan Ballabh Singh, Resident of VillageBhawanipur, P.S.-Singheshwar, District-Madhepura, (Bihar).

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1. The State of Bihar

2. The Principal Secretary, Human Resources Departmen, New Secretariat, Secratariat, Patna.

4. The deputy Director, Primary Education, Human Resources Department, New

5. The Regional Deputy Director of Education, Saharsa,

6. The District Education Officer, Saharsa,

7. The District Education Officer,(Establishment), Saharsa

8. The District Education Officer, Madhepura,

9. The District Project Officer,(Establishment), Madhepura,

10. The District Education Officer, (Establishment), Supaul,

11. The Block Education Extensin Officer, Supaul Civil Writ Jurisdiction Case No. 11732 of 2017 Dilip Kumar Pandit Son of Sri Ramdeo Pandit, Resident of VillageBathnaha, P.S.- Puraini, District- Madhepura, Bihar.

1. The State of Bihar

10. The District Education Officer, (Establishment), Supaul.

11. The Block Education Extension Officer, Madhepura. Civil Writ Jurisdiction Case No. 11553 of 2017 Raja Ram Raman, son of Hari Prasad Mandal, Resident of Village- Chikni, Phoolkaha, P.S.- Madhepura, District- Madhepura (Bihar).

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9. The District Project Officer (Establishment), Madhepura.

10. The District Education Officer, Supaul.

11. The Block Education Extension Officer, Supaul. Civil Writ Jurisdiction Case No. 11788 of 2017 Amit Kumar Amar Son of Baidehi Sharan, Resident of Village-Manhara, Ward No. No.-12, Sukhasan, P.S.-Madhepura, District-Madhepura, (Bihar).

1. The State of Bihar

2. The Principal Secretary, Human Resources Department New Secretariat,

3. The Director, Primary Education Human Resources Department, New Secretariat, Patna,

4. The deputy Director, Primary Education, Human Resources Department, New

5. The Regional Deputy Director of Education, Saharsa,

6. The District education Officer, Saharsa,

7. The District Education Officer,(Establishment), Saharsa

8. The District Education Officer,Madhepura,

9. The District Project Officer, (Establishment), Madhepura,

10. The District Education Officer,(Establishment), Supaul,

11. The all Block Education Extension Officers, Pipra Supaul Civil Writ Jurisdiction Case No. 11580 of 2017 Dhirendra Kumar Son of Yogendra Lal Deo, Resident of Village-Gidhrahi, Ward No.-10, P.S.-Pipra, District-Supaul, (Bihar).

1. The State of Bihar

2. The Principal Secretary, Human Resources Department New Secretariat,

8/35 Secratariat, Patna.

4. The deputy Director, Primary Education, Human Resources Department, New

5. The Regional Deputy Director of Education, Saharsa,

6. The District Education Officer, Saharsa,

7. The District Education Officer,(Establishment), Saharsa

8. The District Education Officer, Madhepura,

9. The District Project Officer, (Establishment), Madhepura,

10. The District Education Officer,(Establishment), Supaul,

11. THe Block Education Extension Officer, Pipra, Supaul Civil Writ Jurisdiction Case No. 11841 of 2017 Renu Kumari, daughter of Sri Rajendra Prasad Yadav, Wife of Sri Amit Kumar Amar, Resident of Village- Manhara Sukhashan, Police StationMadhepura, District- Madhepura (Bihar).

9. The District Project Officer (Establishment), Madhepura.

11. The Block Education Extension Officer, Supaul, District- Supaul. Civil Writ Jurisdiction Case No. 11778 of 2017 Sweeti Kumari Daughter of Sri Deo Nath Choudhary, Resident of VillageBasaha, Police Station-Pipra, District-Supaul (Bihar).

1. The State of Bihar

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3. The Director, Primary Education Human Resources Department, New

6. The District Education Officer,Saharsa

7. The District Education Officer,(Establishment), Saharsa

9. The District Project Officer, (Establishment), Madhepura,

10. The District Education Officer,(establishment), Supaul.

11. The Block Education Extension Officer, Madhepura, District-Madhepura. Civil Writ Jurisdiction Case No. 11822 of 2017 Jitendra Kumar Singh, Son of Sri Arjun Lal Singh, resident of VillageKudhaila, Police Station- Bahadurganj, District- Kishanganj.

11. The Block Education Extension Officer, Saharsa, District- Saharsa. Civil Writ Jurisdiction Case No. 11814 of 2017 Rajeev Kumar Ranjan Son of Sri Digambar Prasad Yadav Residing at Ward No. 1, Gambhirpur Parsan, Police Station - Triveniganj, District - Supaul (Bihar).

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9. The District Project Officer (Establishment), Madhepura.

11. The Block Educatio Extension Officer Triveniganj, District - Supaul. Civil Writ Jurisdiction Case No. 11807 of 2017 Murli Manohar Choudhary Son of Jaganath Chaudhary Resident of Village - Bagha, Police Station - Pipra, District - Supaul (Bihar).

11. The Block Education Extension Officer, Supaul, District - Supaul. Civil Writ Jurisdiction Case No. 11806 of 2017 Singheshwar Ray Son of Kuldip Ray Residing of Mohalla - Ward no. 12, Dhobi Tola Supaul, Police Station - Supaul, District - Supaul (Bihar).

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11. The Block Education Extension Officer, Saharsa. Civil Writ Jurisdiction Case No. 11862 of 2017 Sanjeet Kumar Singh, son of Dhirendra Narayan Singh, Residing of VillageSahshol Ward No.- 04, Police Station- Sonbarsa, District- Saharsa (Bihar).

9. The District Project officer, (Establishment), Madhepura.

11. The Block Education Extension Officer, Saharsa. Civil Writ Jurisdiction Case No. 11866 of 2017 Deo Nath Choudhary, Son of Late Jaganath Chaudhary, Resident of villageBasana, Police Station- Pipra, District- Supaul (Bihar).

2. The Principal Secretary, Human Resources Department, new Secretariat,

4. The Deputy Director, Primary Education, Human Resources Department, new

12/35

8. The District Project officer, (Establishment), Madhepura.

9. The District Education Officer (Establishment), Supaul.

10. The Block Education Extension Officer, Singheshwar, District- Supaul. Civil Writ Jurisdiction Case No. 11774 of 2017 Yogendra Lal Deo Son of Late Dana Lal, Resident of Village-Gidrahi, Police Station-Pipra, District-Supaul (Bihar).

1. The State of Bihar

4. The deputy Director, Primary Education, Human Resources Department, New

5. The Regional Deputy Director of Education,Saharsa.

9. The District Project Officer, (Establishment), Madhepura,

10. The District Education Officer,(Establishment), Supaul.

11. The Block Education Extension Officer, Pipra, District-Supual. Civil Writ Jurisdiction Case No. 12182 of 2017 Kamna Kumari, Daughter of Sri Baidhaihi Sharan Yadav, Wife of Sri raja Ram Raman Resident of Village-Chikni Phulkaha, Police Station -Gamhariya, District-madhepura (Bihar).

2. The Principal Secretary, Human Resources Department New Secretariat,

4. The deputy Director, Primary Education, Human Resources Department, New

13/35

7. The District Education Officer,(Establishment), Saharsa.

9. The District Project Officer, (Establishment), Madhepura,

10. The District Education Officer,(Establishment), Supaul,

11. THe Block Education Extension Officer, Supaul, District-Supaul. Civil Writ Jurisdiction Case No. 11913 of 2017 Praveen Singh Rathor Son of Sri Anant Prasad Singh Resident of Village - Bhawanipur, Police Station - Singheshwar, District - Madhepura.

11. The Block Education Extension Officer, Pipara, District - Supaul. Civil Writ Jurisdiction Case No. 11817 of 2017 Mahadeo Kumar Son of Sri Radheshyam Sah Resident of Village Ward No. 1 Bhelva Jajhat, Police Station - Singheshwar, District - Madhepura (Bihar).

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11. The Block Education Extension Officer, Supaul, District - Supaul. Civil Writ Jurisdiction Case No. 11828 of 2017 Yogendra Poddar Son of Late Kokai Poddar, resident of Village- Sukhashan, Ward No. 5, Manhara, Police Station- Madhepura, District- Madhepura.

11. The Block Education Extension Officer, Supaul, District- Supaul. Civil Writ Jurisdiction Case No. 11837 of 2017 Manoj Kumar Singh, Son of Late Mahavir Prasad Singh, Resident of VillageKudaila, Police Station- Bahadurganj, District- Kishanganj.

9. The District Project Officer (Establishment), Madhepura.

10. The District Project Officer (Establishment), Supaul.

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11. The Block Education Extension Officer, Saharsa, District- Saharsa. Civil Writ Jurisdiction Case No. 12133 of 2017 Rajesh Kumar, Son of Sri Ganga Prasad Yasdav, Resident of VillageManhara Sukhashan, Police Station and District- Madhepura. Patna. null null

11. The Block Education Extension Officer, Saharsa, District- Saharsa. Civil Writ Jurisdiction Case No. 11840 of 2017 Kamal Kishore Ganesh, Son of Sri Ganesh Lal Ganesh, Resident of VillageMal Toli, Police Station- Dighal Bank, District- Kishanganj.

9. The District Project Officer (Establishment), Madhepura.

10. The District Project Officer (Establishment), Supaul.

11. The Block Education Extension Officer, Saharsa, District- Saharsa.

16/35 Civil Writ Jurisdiction Case No. 11796 of 2017 Rinku Kumar Daughter of Baidya Nath Chaudhary Resident of Village- Deo Nath, Basaha, Police Station- Pipra, District- Supaul (Bihar).

11. The Block Education Extension Officer, Supaul. Civil Writ Jurisdiction Case No. 11968 of 2017 Jai Krishna Yadav, Son of Sri Laxmi Yadav, Resident of Village- Daparkha, Police Station- Triveniganj, District- Supaul.

10. The District Education Officer, (Establishment), Supaul.

11. The Block Education Extension Officer, Triveniganj, District- Supaul.

17/35 Civil Writ Jurisdiction Case No. 12019 of 2017 Jai Kumar Yadav Son of Sri Vijay Kumar Yadav, resident of VillageLakshminya, Daparkha Supaul, Police Station- Supaul, District- Supaul.

3. The Director, Primary Education, Department of Human Resources Development, New Secretariat, Patna.

11. The Block Education Extension Officer, Supaul, District- Supaul. Civil Writ Jurisdiction Case No. 12356 of 2017 Dipika Devi, daughter of Late Ramadhin Yadav, Wife of Sri Tara Nand Yadav, Resident of Village- Laxminiya Daparkha, Police Station and DistrictSupaul (Bihar).

9. The District Project Officer (Establishment), Madhepura.

11. The Block Education Extension Officer, Supaul, District- Supaul.

18/35 Civil Writ Jurisdiction Case No. 12164 of 2017 Umesh Kumar, Son of Sri Dhan Raj Yadav, Resident of Mohalla- Kaushil Patti, Ward No. 4, Ram Nagar, Supaul Police Station- Supaul, DistrictSupaul.

11. The Block Education Extension Officer, Supaul, District- Supaul. Civil Writ Jurisdiction Case No. 11992 of 2017 Pawan Kumar Son of Sri Ram Narayan Yadav Resident of Village- Kolhua, Ward No. 5, Police Station- Shankarur, District- Madhepura.

1. The State of Bihar

3. The Director, Primary Education, Hanuman Resources Department, New

7. The District Education Officer, (Establishment), Saharsa.

9. The District Project officer, (Establishment) Madhepura.

10. The District Education Officer (Establishment) Supaul.

11. The Block Education Extension Officer, Supaul, District-Supaul.

19/35 Civil Writ Jurisdiction Case No. 12032 of 2017 Ravindra Kumar Yadav Son of Late Ramjee Yadav, resident of VillageDaparkha, Police Station- Triveniganj, District- Supaul.

7. The District Education Officer, (Establishment), Saharsa.

11. The Block Education Extension Officer, Supaul, District- Supaul. Civil Writ Jurisdiction Case No. 12594 of 2017 Santosh Kumar Son of Sri Bahadur Sah Resident of Mohalla- Ward no. 6, Jolhania,Pathar Jolhania, Police Station and District- Supaul.

1. The State of Bihar .

2. The Principal Secretary, Human Resources Department , New Secretariat,

3. The Director, Primary Education, Human Resources Deparmtent, New

8. The District Education Officer,Madhepura.

11. The Block Education Extension Officer, Supaul, District- Supaul. Civil Writ Jurisdiction Case No. 11984 of 2017

20/35 Sah Deo Prasad Yadav, Son of Late Sita Ram Yadav, Resident of VillageSaroja Koni, Police Station-Marauna, District-Supaul (Bihar).

1. The State of Bihar

2. The Principal Secretary, Human Resources Department New Secretariat,

7. The District Education Officer,(Establishment), Saharsa.

9. The District Project Officer, (Establishment), Madhepura,

10. The District Education Officer,(Establishment), Supaul,

11. The Block Education Extension Officer, Nirmali, District-Supaul. Civil Writ Jurisdiction Case No. 12147 of 2017 Govind Kumar Gautam, Son of Bhola Sah, Resident of Village+P.O.- Latona, Police Station- Triveniganj, District- Supaul.

10. The District Education Officer, (Establishment), Supaul.

11. THe Block Education Extension Officer, Supaul, District- Supaul. Civil Writ Jurisdiction Case No. 12153 of 2017 Anil Kumar Anal, Son of Late Sugan Prasad Yadav, Resident of Village+P.O.- Kataiya, Police Station- Pipra, District- Supaul.

21/35

9. The District Project Officer (Establishment), Madhepura.

11. The Block Education Extension Officer, Supaul, District- Supaul. Civil Writ Jurisdiction Case No. 12155 of 2017 Pritam Kumar, Son of Sri Sulam Chaubey, Resident of Village- Barsam, P.O.- Balhi Teghra, Police Station- Bakhtiyarpur, District- Saharsa.

11. The Block Education Extension Officer, Triveniganj, District- Supaul. Civil Writ Jurisdiction Case No. 12874 of 2017 Manoj Kumar, Son of Sri Satya Narayan Chaudhary, Resident of VillageBashaha, Police Station-Pipra, District-Supaul.

22/35

2. The Principal Secretary, Human Resources Department New Secretariat,

3. The deputy Director, Primary Education, Human Resources Department, New

4. The deputy Director, Primary Education, Human Resources Department, New

5. The Regional Deputy Director of Education, Saharsa,

7. The District Education Officer,(Establishment), Saharsa.

9. The District Project Officer, (Establishment), Madhepura,

10. The District Education Officer,(Establishment), Supaul,

11. The Block Education Extension Officer, Supaul, District-Supual. Civil Writ Jurisdiction Case No. 12789 of 2017 Vinesh Kumar, Son of Sri Janardan Prasad, Resident of Village-Andauli, P.O.- Samda, Police Station-Sour Bazar, District-Saharsa.

1. The State of Bihar

4. The deputy Director, Primary Education, Human Resources Department, New

9. The District Project Officer, (Establishment), Madhepura,

10. The District Education Officer,(Establishment), Supaul

11. The Block Education Extension Officer, Saharsa, District-Saharsa. Civil Writ Jurisdiction Case No. 12798 of 2017 Pratibha Devi W/o Sri Kamal Kishore Yadav, R/o Village- Bairiya Ward No.02, Ratauli, P.S.- Pipra and District- Supaul, (Bihar).

1. The State of Bihar .

23/35

2. The Principal Secretary, Human Resources Department , New Secretariat,

3. The Director, Primary Education, Human Resources Department , New

4. The Deputy Director, Primary Education, Human Resources Deparment ,

5. The Regional Deputy Director of Eductation, Saharsa.

10. The District Education Officer (Eastablishment), Supaul.

11. The Block Education Extension Officer, Supaul, District- Supaul. Civil Writ Jurisdiction Case No. 12822 of 2017 Mukesh Kumar, son of Sri Mahendra Chaudhary, Resident of VillageBashha, Police Station- Pipra, District- Supaul.

11. The Block Education Extension Officer, Supaul, District- Supaul. Civil Writ Jurisdiction Case No. 12834 of 2017 Ahilya Devi wife of Sri Devendra Prasad Yadav, Resident of Village- Kataiya, Police Station- Pipra and District- Supaul (Bihar).

24/35

10. The District Education Officer, (Establishment), Supaul.

11. The Block Education Extension Officer, Pipra, District- Supaul. Civil Writ Jurisdiction Case No. 13079 of 2017 Balram Mandal, Son of sri Tanuk Lal Mandal, Resident of Village-Basaha Ward No. 7, Police Station-Pipra, District-Supaul.

1. The State of Bihar

2. The Principal Secretary, Human Resources Department, New secretariat,

4. The deputy Director, Primary Education, Human Resources Department, New

5. The Regional Deputy Director of Education, Saharsa,

7. The District Education Officer, (Establishment), Saharsa.

9. The District Project Officer, (Establishment), Madhepura,

10. The District Education Officer, (Establishment), Supaul.

11. The Block Education Extension Officer, Supaul, District-Supual.

12. The Block Education Extension Officer, Supaul, District-Supual. Civil Writ Jurisdiction Case No. 12844 of 2017 Manoj Kumar, Son of Sri Ramadhin Yadav, Resident of Village- Bishunpur, Police Station- Supaul, District- Supaul.

25/35 New Secretariat, Patna. null null

11. The Block Education Extension Officer, Supaul, District- Supaul. Civil Writ Jurisdiction Case No. 12792 of 2017 Ashok Kumar Son of Mahavir Mandal, R/o Village- Kataiya Mahe, P.S.- Supaul, District- Supaul.

2. The Principal Secretary, Human Resources Department , New Secretariat,

3. The Director, Primary, Ecucation, Human Resources Department , New

4. The Deputy Director, Primary Education, Human Resources Department ,

7. The District Education Officer (Eastablishment), Saharsa.

9. The District Project Officer (Establishment), Supaul.

11. The Block Education Extension Officer, Pipra, District- Supaul. Civil Writ Jurisdiction Case No. 12861 of 2017 Rajesh Ranjan, Son of Sri Satya Deo Mandal, Resident of Ward No. 17, Bishunpur, Supaul, Police Station- Supaul, District- Supaul.

3. The Director, Primary Education Human Resources Department, New

26/35

9. The District Project Officer, (Esatblishment), Madhepura.

11. The Block Education Extension Officer, Supaul, District- Supaul. Civil Writ Jurisdiction Case No. 12788 of 2017 Devendra Prasad Yadav, Son of Sri Bhutai Yadav, Resident of VillageKataiya, POlice Station-Pipra, District-Supaul.

1. The State of Bihar

4. The deputy Director, Primary Education, Human Resources Department, New

5. The Regional Deputy Director of Education, Saharsa,

7. The District Education Officer,(Establishment), Saharsa.

9. The District Project Officer, (Establishment), Madhepura,

10. The District Education Officer,(Establishment), Supaul.

11. The Block Education Extension Officer, Pipra, District-Supual. Civil Writ Jurisdiction Case No. 12784 of 2017 Shiv Kumar, Son of Sri Kamleshwari Prasad Yadav, Resident of Ward no. 4, Barahi Barhi, Madhepura, Police Station-Madhepura, District-Madhepura.

1. The State of Bihar

4. The deputy Director, Primary Education, Human Resources Department, New

27/35

5. The Regional Deputy Director of Education, Saharsa,

6. The District Education Officer, saharsa.

7. The District Education Officer,(Establishment), Saharsa.

9. The District Project Officer, (Establishment), Madhepura,

10. The District Education Officer,(Establishment), Supaul.

11. The Block Education Extension Officer, Triveniganj, District-Supual. Civil Writ Jurisdiction Case No. 12889 of 2017 Kumari Aparna Wife of Sri Manoj Kumar, Resident of Mohalla-Ward no.4, Gaurabhgarh Kisanpur Road Supaul, Police Station-and District-Supaul, (Bihar).

1. The State of Bihar

4. The deputy Director, Primary Education, Human Resources Department, New

7. The District Education Officer,(Establishment), Saharsa.

8. The District Education Officer, Madhubani.

9. The District Project Officer, (Establishment), Madhepura,

10. The District Education Officer,(Establishment), Supaul.

11. The Block Education Extension Officer, Supaul, District-Supual. Civil Writ Jurisdiction Case No. 13524 of 2017 Jata Shankar Kumar, Son of Sri Chandeshwari Yadav, resident of VillageMathahi, Police Station- Madhepura, District- Madhepura.

28/35

9. The District Project Officer (Establishment), Madhepura.

11. The Block Education Extension Officer, Madhepura, District- Madhepura. Civil Writ Jurisdiction Case No. 13218 of 2017 Anand Kumar Son of Late Shailendra Yadav Resident of Village - Bhalni, Police Station - Murliganj, District - Madhepura.

11. The Block Education Extension Officer, Madhepura, District - Madhepura. Civil Writ Jurisdiction Case No. 13215 of 2017 Sanoj Kumar Son of Sri Ramadhin Yadav Resident of Village - Bishanpur Basha, Ward No. 13, Police Station - Pipra, District - Supaul.

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11. The Block Education Extension Officer, Nirmali, District - Supaul. Civil Writ Jurisdiction Case No. 13310 of 2017 Naresh Kumar Son of Sri Laxmi Yadav Resident of Village - Mathura, P.o. - Gadhiya, Police Station - Sour Bazar, District - Saharsa.

11. The Block Education Extension Officer, Saharsa, District - Saharsa. Civil Writ Jurisdiction Case No. 13209 of 2017 Amrendra Kumar Amar Son of Sri Deo Narayan Prasad Resident of Kap, Ward No. 7, Police Station - Saur Bazar, District - Saharsa.

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11. The Block Education Extension Officer, Sour Bazar, District - Saharsa. Civil Writ Jurisdiction Case No. 13306 of 2017 Sunaina Kumari daughter of Late Chandra Kishore Yadav, wife of Sri Manohar Kumar Resident of Village - Barahi, Police Station and District - Madhepura (Bihar).

11. The Block Education Extension Officer, Madhepura, District - Madhepura. Civil Writ Jurisdiction Case No. 13460 of 2017 Rinku Kumari, Wife of Sri Rajesh Kumar, Resident of Village- Kishanpur, Kumarganj, Ward No. 12, Police Station- Kishanpur, District- Supaul.

4. The Deputy Director, Primary Education Human Resources Department, New

5. The Regional Deputy Driector of Education, Saharsa.

9. The District Project officer, (Establishment), Madhepura.

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11. The Block Education Extension Officer, Supaul, District- Supaul. Civil Writ Jurisdiction Case No. 13464 of 2017 Sarita Kumari, Wife of Sri Anand Raj, Resident of Village- Manjam Patti, Ward No. 12, P.O.- Manjam Patti, Barhara Kothi, Police Station- Banmankhi, District- Purnea.

7. The District Education Officer (Estabishment), Saharsa.

9. The District Project Officer, (Establishment) Madhepura.

11. The Block Education Extension Officer, Ghailadh, District- Madhepura. Civil Writ Jurisdiction Case No. 13486 of 2017 Raja Ram Kumar, Son of Dunni Lal Yadav, Resident of Village-Lorha, P.O.- Babhanipur, Police Station-Singheshwar, District-Madhepura.

1. The State of Bihar

2. The Principal Secretary, Human Resources Department New Secretariat,

4. The deputy Director, Primary Education, Human Resources Department, New

5. The Regional Deputy Director of Education, Saharsa,

6. The District Education Officer,Saharsa.

7. The District Education Officer,(Establishment), Saharsa.

8. The District Education Officer, Madhepura,

9. The District Project Officer, (Establishment), Madhepura,

10. The District Education Officer (Estabalishment), Supaul,

11. THe Block Education Extension Officer, Pipra, District-Supaul.

32/35 Civil Writ Jurisdiction Case No. 13531 of 2017 Saroj Sangam, daughter of Sri Sanjay Kumar Singh, resident of Supaul, Police Station- Supaul, District- Supaul (Bihar).

9. The District Project Officer (Establishment), Madhepura.

11. The Block Education Extension Officer, Supaul, District- Supaul. Civil Writ Jurisdiction Case No. 13534 of 2017 Umesh Thakur, Son of Sri Shankar Thakur, resident of Purani Durga Stham Ward No.11 Supaul, Police Station- Supaul, District- Supaul.

9. The District Project Officer (Establishment), Madhepura.

11. The Block Education Extension Officer, Supaul, District- Supaul. Appearance :

For the Petitioner/s :

Mr. Ratan Kumar, Advocate For the State :

Mr. Madhaw Pd. Yadav, GP-23 Mr. Arvind Kumar, AC to GP-23 Mr. Hitesh Suman, Mr. Dhirendra Kumar, AC to SC-13 Mr. Prabhat Ranjan Singh, AC to AAG-15

33/35 Mr. A.Bhushan, AC to GP-17.

Mr. Umesh Narayan Dubey, AC to GP-27 Mr. Pramod Kumar Singh, AC to SC 16 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 21-02-2018 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

Since all the writ applications involve the same question of fact and law, with the consent of learned counsel for the parties, all the writ applications are disposed of by this common order. The petitioners have prayed for a direction to the respondents to pay salary to them, who are working as Headmasters and Assistant Teachers in different Districts under the Koshi Division. Their claim is based on the fact that physical verification was done by the respondents for the purpose of taking over of the schools under the scheme of Bihar Elementary Schools (Taking Over and Control) Act, 1976.

It is not in dispute that neither the schools have been taken over till date by the State Government nor the services of the petitioners of this batch of writ petitions have been taken over by the State Government. In fact, in the year 1993 the Cabinet took a conscious decision not to take over any school and the State Government is uniformly maintaining the stand and after a decision of the Government in the year 1993, no school was taken over and as such the petitioners cannot claim, as a matter of right,

34/35 take over of the schools in question under the scheme of Bihar Elementary Schools (Taking Over and Control) Act, 1976. After 2006 the State Government took a policy decision to create posts of Panchayat Shikshak and a large number of teachers have been appointed as Panchayat Shikshak under the scheme of 2006 Rules, which was amended from time to time.

Learned counsel for the petitioners placing reliance on the report of the District Education Officer cum District Programme Officer, Establishment, Saharsa and other officials of the Education Department at the district level in the Koshi Division has submitted that once the respondents have made physical verification of the schools in question, they are under obligation to take over the schools and recognize the services of the petitioners working in those schools and ensure payment of salary. In the counter affidavit stand has been taken by the respondents that the petitioners belong to privately managed schools, which are unrecognized private institutions and as such the present writ petitions for payment of salary is not maintainable.

35/35 institutions in question under the scheme of the Take Over Act of 1976.

In the matter of policy decision scope of interference is very limited. The state Government took decision not to take over any school in the year 1993 itself and as such the Court is unable to issue any positive direction to the respondents in the present batch of writ petitioners either to take over of the institution or recognize the services of the petitioners, who are working in the privately managed institutions and make payment of salary. In view of the aforesaid facts and circumstances, the Court is not inclined to issue any direction in favour of the petitioners as the Court cannot issue direction or mandamus to take over of the schools as no statutory right is either created under the Act or on physical verification of the schools for either take over or payment of salary which is enforceable in writ jurisdiction. The writ petitions filed by the petitioners are devoid of merit. They are accordingly, dismissed.

(Anil Kumar Upadhyay, J) spandey/- AFR/NAFR NAFR CAV DATE NA Uploading Date 27.02.2018 Transmission Date