Kishor Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2929 of 2023 ====================================================== 1.

Kishor Sharma Son of Late Atma Sharma, resident of Mohalla- Bari Khanjarpur, P.S.- Barari, District- Bhagalpur, presently posted as Clerk in Girls Inter School Sabour, Bhagalpur.

2.

Pradeep Kumar, S/o Late Jaideo Prasad Singh, resident of VillageKankaithi, Simeria, P.S. Jagdishpur, District- Bhagalpur, presently posted as Clerk in High School Kajraili, Nathnagar, District- Bhagalpur. 3.

Bankat Raman Kumar, Son of Late Bhagwat Pandit resident of VillageGauripur, P.S.- Bihpur, District- Bhagalpur, presently posted as Clerk in High School Sabour, Bhagalpur.

4.

Ankit Kumar Singh, S/o Late Jyotish Prasad Singh, resident of VillageBahadurpur, P.S.- Barari (Industrial), District- Bhagalpur, presently posted as Clerk in High School, Sabour, Bhagalpur.

5.

Sunil Kumar Singh, S/o Late Sacchidanand Singh, resident of MohallaChhoti Khanjarpur, P.S.- Adampur, District- Bhagalpur presently posted as Clerk in High School, Tarar, Sonaula, District- Bhagalpur. 6.

Purushottam Kumar, S/o Late Shivnarayan Mahto, resident of VillageKhajuria, P.S.- Kahalgaon, District- Bhagalpur, present posted as Plus 2 Sir Sahay Girls School, Kahalgaon Bhagalpur.

7.

Pankaj Kumar, Son of Late Maheshwari Prasad Tanti, resident of VillagePain, P.S.- Sultanganj, District- Bhagalpur, presently posted as Plus 2 R.H.M.T.B. School, Barari, Bhagalpur.

... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, General Administrative Department, Govt. of Bihar, Patna.

3.

The Director, Secondary Education, Education Department, Government of Bihar, Patna.

4.

The Collector, Bhagalpur.

5.

The Regional Deputy Director, Education, Bhagalpur. 6.

The District Education Officer, Bhagalpur.

7.

The District Programme Officer (Establishment), Education Department, Bhagalpur.

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

For the Petitioner/s :

Mr. Rakesh Kumar Shrivastava, Advocate For the Respondent/s :

Mr. Madanjeet Kumar, (GP-20) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

Patna High Court CWJC No.2929 of 2023(2) dt.21-12-2023 2/3 21-12-2023 Petitioners had earlier approached this Court in CWJC No. 5851 of 2021 seeking direction against the respondents that the petitioners who are working as clerk in different High School in the district of Bhagalpur be given opportunity of being appointed as a teacher to the extent of 5% of total post of the teachers as per the Service Rules. The writ application of the petitioners was disposed of by a Bench of this Court on 30.03.2022 with liberty to file representation before the Regional Deputy Director Education, Bhagalpur with further direction to the RDD to consider the grievances of the petitioners to take a decision within three months.

Learned counsel submits that pursuant to the aforesaid liberty the petitioners vide Annexure-8 filed their representation before the Regional Deputy Director Education, Bhagalpur who by his order dated 22.08.2022 rejected the claim of the petitioners on the ground that the RDD is not having jurisdiction in such matters. Learned counsel next submits that after the order dated 22.08.2022 passed by the RDD the petitioners have filed fresh representation before the Director Secondary Education, Bihar Patna on 06.12.2022 which has been annexed as (Annexure- 10) to present writ application.

2. Regard being had to the submission made by the

Patna High Court CWJC No.2929 of 2023(2) dt.21-12-2023 3/3 parties taking into consideration the fact that representation filed by the petitioners is pending before the Director Secondary Education Bihar, Patna, this application is disposed with a direction to the respondent no. 3 to dispose the representation of petitioners by a reasoned order within a period of three months. (Anil Kumar Sinha, J) jyoti/- U