Tripti Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1582 of 2023 ====================================================== Tripti Chaudhary S/o Late Pchkauri Chaudhary Resident of ward no.- 10, Village and P.O.- Deep, Via- Jhanjharpur, P.S- Lakhnaur (RS), DistrictMadhubani (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Secondary Education (Human Resources) Govt. of Bihar, Patna.

2.

The Special Director, Secondary Education (Human Resources) Govt. of Bihar, Patna.

3.

The District Education Officer, (D.E.O.) Madhubani. 4.

The District Programme Officer, (Est.) Madhubani. 5.

Bihar Sanskrit Siksha Board through its Chairman, Patna. 6.

The Secretary, Bihar Sanskrit Siksha Board, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Nath Jha, Adv.

For the State :

Mr. Amit Bhushan, AC to GP17 For Sanskrit Board : Mr. Sanjay Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 25-02-2023 The petitioner preferred this writ petition following the prayer. From the perusal of the contents of the writ petition, it is revealed that the petitioner was working as a headmaster in a school namely, Karpuri Thakur Sanskrit Prathamik sah Madhya Vidyalay at Bhadhurpur, (Chaura Maharai) via Jhanjharpur in district Madhubani. The said school had moved an I.A. in writ petition in C.W.J.C. 1727/2009, so that a similar relief may be granted to the said school also. However, the Court did not accept the I.A. and reject it on 10.04.2012 with

Patna High Court CWJC No.1582 of 2023(2) dt.25-02-2023 2/2 liberty to the petitioner's school to file a separate writ petition. It is an admitted position that the petitioner's school did not have filed any separate application. The order passed in (Saraswati Bhawan Jai Kant Madhyamik Sanskrit Vidyalaya Vs. The State of Bihar & Others) in C.W.J.C. No. 1727/2009, therefore, cannot be made applicable to the case of the petitioner's school. The claim made by the petitioner on the basis of judgment passed therein, or in other basis would not be admissible. He cannot enforce an order passed in a separate case relating to others to be applied to him more so, as he cannot be said to be similarly situated.

The writ petition is misconceived and is dismissed accordingly.

Suraj/- Item No. 30 (Sanjeev Prakash Sharma, J) U