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Patna High CourtCWJC/15508/2017disposed

Gulshan Kumar And ORS v. The State Of Bihar And ORS

2020-02-14Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15508 of 2017 ====================================================== 1.

Gulshan Kumar son of Bambam Prasad Singh resident of Village Post - Mahsaura, P.S. - Ramgarh Chau, District - Lakhisarai. 2.

Sweta Kumari daughter of Shri Prabhakar Kumar resident of Village - Pachmaria, Post - Jalalpur, P.S. Marachi, District Patna. 3.

Prashant Kumar Pankaj son of Shri Anandi Singh resident of Village - Pratappur, P.S. - Dumri, Barhiya, District - Lakhisarai. 4.

Md. Nasrul Haque son of Md. Sadrul Haque resident of Village - Jamalpura, Post - Lalbagh, P.S. - Laheriasarai, District - Darbhanga. 5.

Chandan Kumar Singh son of Shri Ganga Prasad Singh resident of Village - Navtola, Post - Bhawanipur, P.S. - Biraul, District - Darbhanga. 6.

Ram Pravesh Kumar son of Shri Shivnandan Prasad Yadav resident of Village - Bhamaria, P.S. - Ramgarh Chowk, P.O. Nadiyawan, District - Lakhisarai.

... ... Petitioner/s

Versus

1.

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

2.

District Education Officer, Darbhanga.

3.

District Education Officer, Lakhisarai.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhinav Srivastava, Advocate For the Respondent/s :

Mr.S.C. Mishra-Sc16 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 14-02-2020 Heard learned counsel for the petitioners and the respondents.

The present writ petition involves the issue of incharge headmaster in +2 schools.

Earlier the trained post-graudates (+2) schools were preferred posting as incharge Headmaster vide letter dated 08.09.2017 of Special Secretary, Education Department, but the same was kept in abeyance vide Memo No. 2698 dated 20.09.2017.

Patna High Court CWJC No.15508 of 2017(2) dt.14-02-2020 2/2 Considering the fact that the issue has not been finally decided by the respondents, one letter was earlier issued on 08.09.2017, which was kept in abeyance subsequently vide letter dated 20.09.2017, the Court deem it fit and proper that direction may be issued to the Additional Chief Secretary-cumPrincipal Secretary, Education Department, Government of Bihar to take appropriate final decision with regard to the status of Post-Graduate trained teachers in +2 schools in the matter of posting of incharge Headmaster and also the issue with regard to determination of inter se seniority of the Post-Graduate trained teachers in +2 Schools vis-a-vis the other teachers in +2 Schools.

Necessary decision in this regard may be taken by the respondent Additional Chief Secretary-cum-Principal Secretary, Education Department, Government of Bihar within a maximum period of 60 days 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) uday/- U