Kapildeo Singh And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13368 of 2017 ====================================================== 1.

Kapildeo Singh Son of Kuber Singh, resident of At- Baxi Tola, P.O. Buxar, Police Station- Buxar, District- Buxar.

2.

Krishna Kant Mishra, Son of Late Ram Gopal Mishra, Resident of AtSumeshwar Asthan, Jail Road, Near Pani Tanki, P.O.- Buxar, Police StationBuxar, District- Buxar. 3.

Yaduvansh Kumar Ojha, Son of late Anirudh Ojha, Resident of VillageAmarpur, Dhansoi, P.S.- Dhansoi, District- Buxar, At present residing at - Gajadharganj, P.O.- Buxar, Police Station- Buxar, District- Buxar. 4.

Shiv Lagan Singh, Son of Late Keshari Singh, Resident of at - Ward No. 28, Koir Purwa Teacher's colony, P.O.- Buxar, Police Station- Buxar, DistrictBuxar. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

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

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

The District Education Officer, Buxar.

5.

The District Programme Officer Establishment, Buxar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar For the Respondent/s :

Mr.Kameshwar Kumar - Gp17 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-02-2020 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

Learned counsel appearing on behalf of the petitioner placing reliance on Annexure-7 series would submit that there is no requirement of prior permission of the authorities for enhancing qualification and as such action of the respondents contained in Clause 7 and 8 of Annexure-8 is contrary to the

Patna High Court CWJC No.13368 of 2017(2) dt.17-02-2020 2/2 law laid down by this Court.

Considering the fact that Annexure-7 series is the decision of a coordinate bench of this Court, the present application is allowed. Clause-7 and 8 of Annexure- 8 is hereby set aside.

The respondents are directed to act strictly in accordance with the principle discussed in Annexure-7 series and take appropriate decision at the earliest, preferably within a period of three months from the date of receipt/production of a copy of this order.

With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U