Narayan Kumar Mazumdar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10734 of 2017 ====================================================== Narayan Kumar Mazumdar son of Ravindra Mazumdar, Resident of MohallaChhatauni Colony, P.O. P.S.- Motihari, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Principal Secretary, Education Department, Govt. of Bihar, Patna. 3.

The Director, Primary Education Department, Government of Bihar, Patna. 4.

The District Magistrate, East Champaran.

5.

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

For the Petitioner/s :

Mr. Ram Sumiran Rai For the Respondent/s :

Mr.Narebdra Kumar AC to GP20 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-01-2020 Heard both sides.

The petitioner was appointed on the post of Teacher, Bangla but he was terminated from service as his name was found below in the merit list. The petitioner filed CWJC No. 3985 of 1990 and the order of his termination was quashed and the matter was remanded to the concerned authority. The District Superintendent of Education again, after hearing the petitioner, terminated him from service on 05.03.1992. The petitioner against that order filed CWJC No. 2765 of 1992 and the writ petition was dismissed. The petitioner thereafter filed SLP (Civil) No. 2846 of 1995 against the order passed in CWJC No. 2765 of 1992 but the SLP was also dismissed. Now the

Patna High Court CWJC No.10734 of 2017(2) dt.24-01-2020 2/2 petitioner filed this writ petition with a prayer that persons who were working as Instructor in the Adult Education are to be appointed on different posts and the case is pending before the Supreme Court but it appears that petitioner was not working in the Adult Education rather he was appointed on regular post of Assistant Teacher, Bangla but his service was terminated on the ground that name of the petitioner figured below in the merit list. Subsequently, the service of the petitioner was terminated and that order is affirmed by this court as well as by the Supreme Court in SLP No. 2846 of 1995.

Having considered the facts aforesaid, I find no merit in this writ petition and the same is, accordingly, dismissed. (Prabhat Kumar Jha, J) BKS/- U