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Patna High CourtCWJC/10320/2017disposed

Faiyaz Ahmed And ORS v. The State Of Bihar And ORS

2017-08-21Mr. Justice Ahsanuddin Amanullah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10320 of 2017 ===========================================================

1. Faiyaz Ahmed, son of Laxim Mahmed, Resident of Village Pipra, Police Station Govindganj, District- East Champaran.

2. Fatima Khatoon, daughter of Vakil Mian, Resident of Village Saraiya, Police Station Govindganj, District- East Champaran.

3. Mohd. Sahim, son of Azim Mian, Resident of Village Saraiya, Police Station Govindganj, District- East Champaran.

4. Mojamil Hussain, son of Islam Mian, Resident of Village Saraiya, Police Station Govindganj, District- East Champaran.

5. Sohrab Hussain, son of Khalil Hussain, Resident of Village Saraiya, Police Station Govindganj, District- East Champaran.

6. Shamima Khatoon, wife of Khalil Ansari, Resident of Village Saraiya, Police Station Govindganj, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Human Resource Development Department, Govt. of Bihar, Patna.

2. The Director, Primary Education, Bihar, Patna.

3. The Director, Jan Shiksha, Education Department, Bihar, Patna.

4. The District Magistrate, East Champaran at Motihari.

5. The District Education Officer, Motihari, East Champaran.

6. The District Programme Officer (Training RMSA & Literacy), Motihari, East Champaran.

7. The Block Education Officer, Areraj Block, District East Champaran. .... .... Respondent/s =========================================================== Appearance:

For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate For the Respondent/s : Mr. Madhaw Prasad Yadav, GP-23 =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 21-08-2017 Heard learned counsel for the petitioners and the State.

2. The petitioners have moved the Court for the following reliefs:- "(i) For issuance of appropriate writ/writs,

Patna High Court CWJC No.10320 of 2017 dt.21-08-2017 2/3 order/orders or direction/directions in the nature of certiorari for quashing the order contained in Memo No. 141 dated 22.04.2016 issued by District Education Officer, East Champaran whereby and whereunder the appointment of petitioners has been cancelled on non-est grounds in violation of principles of natural justice without giving any opportunity of hearing, (ii) For further quashing the consequential order dated 22.04.2016 issued by District Programme Officer, Literacy, East Champaran in a pssyclostyled format directing the concerned Headmasters to cancel the appointment of petitioners, (iii) For any other order/orders which the petitioners may found to be entitled in the facts and circumstances of the case."

3. Learned counsel for the petitioners drew the attention of the Court to the order dated 23.06.2017 passed in CWJC No. 10680 of 2016 in the case of Sanjeet Kumar Baitha and others vs. the State of Bihar and others. It was submitted that the petitioners are similarly situated.

4. Such position is not disputed by learned counsel for the State.

Patna High Court CWJC No.10320 of 2017 dt.21-08-2017 3/3

5. In view thereof, the writ petition stands disposed off in terms of the order dated 23.06.2017 passed in CWJC No. 10680 of 2016.

(Ahsanuddin Amanullah, J) S.Sb/- AFR/NAFR N/A CAV DATE N/A Uploading Date 25.08.2017 Transmission Date