Rekha Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7909 of 2018 =========================================================== Rekha Kumari Daughter of Sri Arjun Singh, Wife of Suresh Prasad Singh Resident of Village - Majilishpur Alipur Hatta, P.S. Mahnar, District Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna.

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

3. The District Education Officer, Vaishali at Hajipur.

4. The District Programme Officer (Establishment), Vaishali at Hajipur.

5. The Block Education Officer, Mahnar, District - Vaishali at Hajipur.

6. The Bihar School Examination Board through its Secretary, Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Vasant Vikas, Advocate For the Respondent/s : Mr. Subhash Chandra Mishra- SC16 For Respondent BSEB : Mr. Girijesh Kumar, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 03-05-2018 Heard learned counsels for the petitioner and the counsels appearing on behalf of the respondents. Learned counsel for the petitioner submits that the case of the petitioner is covered by the decision of this court. On the other hand, learned counsels for the respondents submits that contrary decision was taken by the Director, Primary Education and in view of the aforesaid he submits that the case of the petitioner is distinguishable on fact.

Without going into the controversy whether the case of the petitioner is identical to the case on which he placed reliance or there is distinguishable on fact, the three writ petition is disposed of

Patna High Court CWJC No.7909 of 2018 dt.03-05-2018 2/2 with direction to the Principal Secretary, Education Department, who shall examine the case of the petitioner in accordance with law and in case the claim of the petitioner is covered by the decision of this court, the Principal Secretary will extend same benefit to the petitioner and in the event, the case of the petitioner is distinguishable on fact, the Principal Secretary is required to pass a reasoned speaking order.

In the event the case of the petitioner is found similar to the case on which he placed reliance, the respondent Principle Secretary is required to see monetary benefit must reach the petitioner within a period of sixty days from the date of filing of such representation.

It is made clear that this court has not expressed any opinion on the merit of the case. It is for the Principle Secretary to examine the relevant record on the claim of the petitioner. With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date08.05.2018 Transmission Date