Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4089 of 2026 ====================================================== Amit Kumar S/o Rajeshwar Prasad Singh, R/o Village Rasulpur, P.O. Jaitipur, P.s. Rasulpur, District Vaishali.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Commissioner Cum Secretary, Education Department Government of Bihar, New Secretariat, Patna. 2.

The Director (Primary Education), Education Department, government of Bihar, New Secretariat, Patna.

3.

The District Magistrate, Vaishali.

4.

The District Education Officer, Vaishali.

5.

The District Program Officer, (Establishment), Vaishali. 6.

The Block Development Officer, Lalaganj, Vaishali. 7.

The Block Education Officer, Lalganj, Vaishali ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Bhushan Kumar, Adv.

For the State Respondent :

Mr. Mujtabaul Haque, GP 12 Mr.Pranoy Kumar, AC to GP 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 31-03-2026 Heard learned counsel for the petitioner and learned counsel appearing for the respondent-State.

2. With the consent of both the parties, this writ application is being disposed of at this stage itself.

3. In the present writ application, the petitioner has prayed for the grant of following reliefs:

"(i) To issuance of appropriate writ/ writs, order/ orders, direction/ directions in the nature of mandamus directing the Respondent Authorities to appoint the petitioner as an assistant teacher on regular pay scale on the basis of

Patna High Court CWJC No.4089 of 2026(2) dt.31-03-2026 2/3 compassionate appointment in place of Block teacher.

(ii). To further direct the respondent authority to grant all benefits of assistant teacher with effect from the initial appointment of the petitioner as a block teacher dated 26.05.2010."

4. After advancing some argument, learned counsel for the petitioner submits that for seeking the aforesaid reliefs, the petitioner is prepared to file a fresh representation before the District Education Officer, Vaishali (respondent no. 4) and prays that the District Education Officer, Vaishali may be directed to dispose of the representation which would be filed by the petitioner, within a fixed time frame, after giving an opportunity of hearing to the petitioner.

5. To the aforesaid submission being made by learned counsel for the petitioner, learned counsel appearing for the respondent-State does not have any objection.

6. Considering the limited nature of prayer being made by learned counsel for the petitioner, this writ application is disposed of granting liberty to the petitioner to file a fresh representation before the District Education Officer, Vaishali within one month from the date of this order. If such a representation is filed within the stipulated time, the District Education Officer, Vaishali shall dispose it of within further period of three months from the date of receipt of the

Patna High Court CWJC No.4089 of 2026(2) dt.31-03-2026 3/3 representation, after giving a liberty of hearing to the petitioner.

7. Needless to emphasize that the final order which shall be passed by the District Education Officer, Vaishali should be a reasoned and speaking order. It is further made clear that in case, the petitioner is found entitled to the relief, which the petitioner would be claiming through the representation, the same should be extended to the petitioner within a further period of three months from the date of passing of the final order by the District Education Officer, Vaishali.

8. With the aforesaid observation/direction and liberty granted, this writ application is disposed of. All pending interlocutory application(s), if any, shall also be deemed to have been disposed of.

(Alok Kumar Sinha, J) kundan/- U