Praveen Priyadarshi And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12432 of 2017 ===========================================================

1. Praveen Priyadarshi, son of Palakdhari Prasad, Resident of Village + P.O. Ara, Police Station- Nawada Ara, District- Bhojpur, at present posted and working as an assistant teacher in Yashoda Arya Kanya Middle School, Ara, Block Ara,

2. Siyaram Mishra, son of Chandrama Mishra, Resident of Village + P.O. Ara, Police Station- Nawada Ara, District- Bhojpur, at present posted and working as an assistant teacher in Middle School Jamira, Block Ara, District- Bhojpur.

3. Amrendra Kumar Singh, son of Yamuna Singh, Resident of Village Tenduni, P.O. Tenduni, Police Station- Jagdishpur, District- Bhojpur, at present posted and working as an assistant teacher in upgraded Middle School, Harnani, Block Ara, District- Bhojpur.

4. Narendra Kumar, son of Late Bhagwan Prasad, Resident of Village + P.O. Ara, Police Station- Nawada Ara, District- Bhojpur, at present posted and working as an assistant teacher in Middle School, Dharhara Ara, Block Ara, District5. Mohammad Ali, son of Saheb Raja, Resident of Village Benwaliya P.O. Benwaliya, Police Station- Bihiyan, District- Bhojpur, at present posted and working as an assistant teacher in Middle School Karara, Block Ara, District6. Pramod Kumar Ranjan, son of Kishori Ram, Resident of Village + P.O. Ara, Police Station- Nawada Ara, District- Bhojpur, at present posted and working as an assistant teacher in upgraded Middle School, Chakardah, Block Ara, District7. Ajay Kumar, son of Shiv Narayan Ram, Resident of Village + P.O.

Ara, Police Station- Nawada Ara, District- Bhojpur, at present posted and working as an assistant teacher in upgraded Middle School, Dariyapur, Block Ara, District8. Ajay Kumar, son of Late Jagdish Chandra Ram, Resident of Village- Nonar, P.O. Nonar, District- Bhojpur, at present posted and working as an assistant teacher in upgraded Middle School, Gorhana, Block Udwantnagar, District9. Shashi Kant Upadhyay, son of Laxman Upadhyay, Resident of Village + P.O. Anaith, Police Station- Nawada Ara, District- Bhojpur, at present posted and working as an assistant teacher in upgraded Middle School, Kohara, Block Uawantnagar, District- Bhojpur.

10. Masil Anwar Khan son of Wakil Ahmed Taufique, Resident of Village- Mishir Machhara, Police Station- Ara, District- Bhojpur, at present posted and working as an assistant teacher in Middle School Rajapur, Block Ara, District- Bhojpur.

11. Vijay Kumar Mishra, son of Rameshwar Singh, Resident of Village- Bank Colony Bishnunagar, P.O. Anaith, Police Station- Nawada Ara, DistrictBhojpur, at present posted and working as an assistant teacher in Middle School, Anaith, Block Ara, District- Bhojpur.

12. Kapil Narayan Mishra, son of Late Shri Nandan Mishra, Resident of VillageJawahar Tola Ara, Police Station- Nawada Ara, District- Bhojpur, at present posted and working as an assitant teacher in upgraded Middle School, Gothhula, Block Ara Mufassil (South), District- Bhojpur.

13. Ram Krishna Chaubey son of Late Nand Kishore Chaubey, Resident of VillageBashishthapuri, P.O. Chandwa, Police Station- Nawada Ara, District- Bhojpur,

2/10 at present posted and working as an assistant teacher in upgraded Middle School, Barauli, Block Ara Mufassil (South), District- Bhojpur.

14. Uma Shankar Pandey, son of Late Sibal Deep Pandey, Resident of VillageBishnunagar, P.O. Anaith, Police Station- Nawada, District- Bhojpur, at present posted and working as an assistant teacher in Middle School, Belaur, Block Ara,

15. Vijay Kumar Ram son of Late Jag Narayan Ram, Resident of VillageMukundpur, P.O. Mukundpur, Police Station- Charpokhari, District- Bhojpur, at present posted and working as an assistant teacher in upgraded Middle School, Kharauni, Block Ara, District Bhojpur.

16. Daya Shankar Prasad son of Sidheshwar Prasad, Resident of Village + P.O. Ara, Police Station- Nawada, Ara, District- Bhojpur, at present posted and working as an assistant teacher in upgraded Middle School, Anaith, Block Ara,

17. Deepak Kumar Ojha son of Ramjee Ojha, Resident of Village + P.O. Ara, Police Station- Nawada, Ara, District- Bhojpur, at present posted and working as an assistant teacher in Middle School, Karman Tola, Block Ara, District18. Dineshwar Singh son of Shaligram Singh, Resident of Village- Govind Tola, P.O. Bamhwar, Police Station- Piro, District- Bhojpur, at present posted and working as an assistant teacher in upgraded Middle School, Anaith, Block Ara,

19. Anwar Ahmed son of Late Md. Shahbuddin, Resident of Village- Koilwar, P.O. & Police Station- Koilwar, District- Bhojpur, at present posted and working as an assistant teacher in Middle School, Pachaina Bazar, Block Ara, District20. Vishwajeet Prasad Verma, son of Late Shankar Jee Sahay Verma, Resident of Village- Ara, P.O. Ara, Police Station- Nawada, Ara, District- Bhojpur, at present posted and working as an assistant teacher in upgraded Middle School, Chitkundi Ara, Block Ara, District- Bhojpur.

21. Umesh Rai son of Late Ugeshwar Rai, Resident of Village- South Akauna, P.O. South Akauna, Police Station- Udwantnagar, District- Bhojpur, at present posted and working as an assistant teacher in upgraded Middle School, Jaitpur, Block Udawantnagar, District- Bhojpur.

22. Raju Prasad Singh son of Late Shri Bhagwan Singh, Resident of VillageKoriyawan, P.O. Hansadih, Police Station- Masaurhi, District- Patna, at present Babhanauli, Block Ara, District- Bhojpur.

23. Ramesh Singh son of Late Ram Pravesh Singh, Resident of Village + P.O. Kaura, Police Station- Jagdishpur, District- Bhojpur, at present posted and working as an assistant teacher in Middle School, Sangaon, Block Ara, District24. Dr. Rajendra Prasad, son of Late Bhuneshwar Prasad, Resident of VillageAnandnagar Ara, P.O. Ara, Police Station- Ara Town, District- Bhojpur, at present posted and working as an assistant teacher in upgraded Middle School, Jokharpur, Block Ara, District- Bhojpur.

25. Ajay Kumar Tiwari son of Late Chandraman Tiwari, Resident of Village- Barai, P.O. Khutaha, Police Station- Imadpur, District- Bhojpur, at present posted and working as an assistant teacher in upgraded Middle School, Diwariya, Block Ara, District- Bhojpur.

26. Dashrath Prasad, son of Late Shivjee Thakur, Resident of Village- Nirmalpur, P.O. Barka Dumra, Police Station- Ara Mufassil, District- Bhojpur, at present

3/10 Ghorpokhar, Block Ara, District- Bhojpur.

27. Prabha Shankar Singh, son of Nand Kishore Singh, Resident of Village- Lahesh Dumariya, Police Station- Bihiyan, District- Bhojpur, at present posted and working as an assistant teacher in Urdu Middle School, Benwaliya, Block Ara, District Bhojpur.

28. Binay Kumar Sinha son of Shri Vishnu Dayal Prasad Sinha, Resident of Village + P.O. Sonepura, Police Station- Udawantnagar, District- Bhojpur, at present Sonepura, Block Udawantnagar, District- Bhojpur.

29. Uday Narayan Singh son of Late Hari Nandan Singh, Resident of VillageKahen, P.O. Kahen, Police Station- Jagdishpur, District- Bhojpur, at present Narayanpur, Block Ara, District- Bhojpur.

30. Anil Kant son of Rawat Chandroran Prasad, Resident of Village- Bari Tola Ward No. 11, P.O. & Police Staton- Jagdishpur , District- Bhojpur, at present Sonbarsha, Block Ara, District- Bhojpur.

31. Md. Rafi son of Saheb Jan, Resident of Village- Chik Toli, P.O. + Police Station- Ara Town, District- Bhojpur, at present posted and working as an assistant teacher in upgraded Middle School, Jalpura, Block Ara, District32. Vishwanath Ram son of Basudeo Ram, Resident of Village- Harigaon, P.O.- Saneya Barhat, Police Station- Jadishpur, District- Bhojpur, at present posted and working as an assistant teacher in upgraded Middle School, Asudhan, Block Ara, District- Bhojpur.

33. Suresh Prasad Singh, son of Late Parma Singh, Resident of Village- Nawada Ara P.O. Ara, Police Station- Nawada, Ara, District- Bhojpur, at present posted and working as an assistant teacher in Upgraded Kanya Middle School, Nawada Ben, Block Udwantnagar, District- Bhojpur.

34. Birendra Rai, son of late Ram Bachan Rai, Resident of Village- Ara Barahara, P.O.- Barhara, Police Station- Barhara, District- Bhojpur, at present posted and working as an assistant teacher in upgraded Middle School, Panditpur, Block Ara, District- Bhojpur.

35. Paramhansh Prasad, son of Late Anant Prasad, Resident of Village+ P.O. & Police Staion- Brahmpur, District- Bhojpur, at present posted and working as as assistant teacher in upgraded Middle School, Jagatpur, Block Ara, District36. Raj Tilak Singh, son of Late Ram Nihora Singh, Resident of VillageRamkosha, P.O. & Police Station- Ayar, District- Bhojpur, at present posted and working as an assistant teacher in Middle School, Ayar, Block Ara,

37. Nandjee Singh, son of Late Ram Tapasya Singh, Resident of Village- Masaurhi, P.O. Masurhi, Police Station- Jagdishpur, District- Bhojpur, at present posted and working as an assistant teacher in upgraded Middle School, Harigaon, Block Jagdishpur (East), District- Bhojpur.

38. Bhola Prasad, son of Raghubir Prasad, Resident of Village- Chaurai, P.O. Bhelai, Police Station- Udwantnagar, District- Bhojpur, at present posted and working as an assistant teacher in upgraded Middle School, Asani, Block Ara,

39. Niteshwar Kumar, son of Late Ramfal Singh, Resident of Village- Club Road Ara, P.O. & Police Station- Nawada Ara, District- Bhojpur, at present posted

4/10 and working as as assistant teacher in upgraded Middle School, Mahkampur, Block Koilwar, District- Bhojpur.

40. Ashok Kumar, son of Dularchand Singh, Resident of Village- Maulabag Ara, Police Station- Nawada Ara, District- Bhojpur, at present posted and working as an assistant teacher in upgraded Middle School, Mahkampur Bara, Block Koilwar, District- Bhojpur.

41. Shiv Shankar Ram, son of Late Ram Nagina Ram, Resident of Village- Karman Tola, Police Station- Nawada Ara, District- Bhojpur, at present posted and working as an assistant teacher in upgraded Middle School, Banhua, Block Ara Mufassil (North), District- Bhojpur.

42. Binod Pandey, son of Late Ram Sundar Pandey, Resident of Village- Akrouj, P.O. Sara, Police Station- Tarari, District- Bhojpur, at present posted and working as an assistant teacher in upgraded Middle School, Mathurapur Mathia, Block Ara, District- Bhojpur.

43. Umesh Kumar Singh, son of Shri Rajeshwar Chaudhary, Resident of VillagePashchim Tola, P.O. & Police Station- Ara, District- Bhojpur, at present posted and working as an assistant teacher in upgraded Middle School, Singahi Kala, Block Ara Town, District- Bhojpur.

44. Satyendra Kumar Sinha, son of Late Nathuni Prasad Sinha, Resident of VillageRaja Bazar Block Colony Road Bihiyan, P.O. & Police Station- Bihiyan, District- Bhojpur, at present posted and working as an assistant teacher in upgraded Middle School, Hipura, Block Bihiyan, District- Bhojpur.

45. Santosh Kumar Chaudhary, son of Late Suraj Chaudhary, Resident of Village & P.O. Dawan, Police Station- Jagdishpur, District- Bhojpur, at present posted and working as an assistant teacher in upgraded Middle School, Manjhauli, Block Bihiyan, District- Bhojpur.

46. Mukhtar Alam, son of Late Shamsuddin Ahmed, Resident of Village- Saheb Tola Bihiyan, P.O. & Police Station- Bihiyan, District- Bhojpur, at present Manjhauli, Block Bihiyan, District- Bhojpur.

47. Suresh Kumar Singh, son of Ram Nagad Singh Yadav, Resident of VillageLagan Tola Banahi, P.O. Banahi, Police Station- Shahpur, District- Bhojpur, at present posted and working as an assistant teacher in upgraded Middle School, Ganj Bihiyan, Block Bihiyan, District- Bhojpur.

48. Haribhadra Sharma, son of Nishanand Sharma, Resident of Village- Raja Bazar Bihiyan, P.O. & Police Station- Bihiyan, District- Bhojpur, at present posted and working as an assistant teacher in upgraded Middle School, Belauna Bihiyan, Block Bihiyan, District- Bhojpur.

49. Malti Singh, daughter of Late Kalika Singh, Resident of VillageBashishthapuri, P.O. Chandwa, Police Station- Nawada, District- Bhojpur, at present posted and working as an assistant teacher in upgraded Middle School, Bampali, Block Ara, District- Bhojpur.

50. Nilmani Kumar Pathak, son of Late Rameshwar Nath Pathak, Resident of Village- Maulabag, P.O. Ara, Police Station- Town Ara, District- Bhojpur, at present posted and working as an assistant teacher in upgraded Middle School, Krishangarh, Block Ara, District- Bhojpur.

51. Vijay Kumar Gupta, son of Gorakhnath Prasad, Resident of Village- Pashchim Tola Ara, P.O. Ara, Police Station- Town Ara, District- Bhojpur, at present Makhdumpur Dumra Hindi, Block Ara Muffasil, District- Bhojpur.

52. Dr. Satish Kumar, son of Rajnath Sah, Resident of Tari Mohalla Ara, P.O. Ara, Police Station- Town Ara, District- Bhojpur, at present posted and working as

5/10 an assistant teacher in Middle School, Khajuria, Block Ara Muffasil (south),

53. Ishwar Dayal Ram, son of Shri Kabilas Ram, Resident of Village- at present Manjhauli, Block Bihiyan, District- Bhojpur.

54. Rajesh Prasad Sah, son of Kamal Sah, Resident of Village & P.O.- Khajuria, Police Station- Ara Mufassil, District- Bhojpur, at present posted and working as an assistant teacher in Middle School, Dhamar, Block Ara, District- Bhojpur.

55. Sabiha Bano, wife of Andharul Haque, Resident of Village- Purani Police Line, P.O. Ara, Police Station- Ara Town, District- Bhojpur, at present posted and working as an assistant teacher in Middle School, Meerganj, Block Ara,

56. Sanjay Kumar Thakur, son of Ram Surat Thakur, Resident of Village- Rajpur, P.O. Charghat, Police Station- Bihiyan, District- Bhojpur, at present posted and working as an assistant teacher in upgraded Middle School, Lauhar Kala, Block Barhara, District- Bhojpur.

57. Kaushal Kumar Singh, son of Late Nishan Singh, Resident of VillageBakhorapur, P.O. Bakhorapur, Police Station- Barhara, District- Bhojpur, at present posted and working as an assistant teacher in upgraded Middle School, Lauhar Kala, Block Barhara, District- Bhojpur.

58. Ashok Kumar Tiwari, son of Late Banshidhar Tiwari, Resident of VillageMangra, P.O. Bhakura, Police Station- Karakat (Gorari), District- Rohtas, at present posted and working as an assistant teacher in upgraded Middle School, Birampur, Block Udawantnagar, District- Bhojpur.

59. Brij Kumar Rai, son of Ramlal Rai, Resident of Village- Dhangain, P.O. Kishori, Police Station- Dhangain, District- Bhojpur, at present posted and working as an assistant teacher in upgraded Middle School, Kaura Mathiya, Block Jagdishpur, District- Bhojpur.

60. Shri Ram Prasad, son of Late Yadu Sah, Resident of Village- Padura Rampur, P.O. Padura Rampur, Police Station- Sandesh, District- Bhojpur, at present Nabirpur, Block Ara, District- Bhojpur.

61. Gupteshwar Ram, son of Late Muneshwar Ram, Resident of VillageDharampur, P.O. Vidhiawan, Police Station- Sandesh, District- Bhojpur, at present posted and working as an assistant teacher in Middle School, Vidhiawan, Block Ara, District- Bhojpur.

62. Nishat Anjoom, son of Abdul Hafiz, Resident of Village- Ekwari, P.O. Ekwari, Police Station- Sahar, District- Bhojpur, at present posted and working as an assistant teacher in upgraded Middle School, Milki, Block Ara, District63. Arun Kumar, son of Late Ram Naresh Singh, Resident of Village- Madan Jee Ke Hata, P.O. & Police Station- Ara, District- Bhojpur, at present posted and working as an assistant teacher in upgraded Middle School, Makhdumpur Dumra, Block Ara, District- Bhojpur.

64. Chandresh Mishra, son of Rajendra Mishra, Resident of Village- Anandnagar, P.O. & Police Station- Ara, District- Bhojpur, at present posted and working as an assistant teacher in Middle School, Nasratpur, Block Ara, District- Bhojpur.

65. Md. Nasim, son of Kutubiddin, Resident of Village- Nawadih, Police StationSikarahata, District- Bhojpur, at present posted and working as an assistant teacher in Amirchand Kanya Middle School, Ara, Block Ara, District- Bhojpur.

66. Md. Jamal Nasim, son of Md. Kutubuddin, Resident of Village- Nawadih, P.O. Chamiya, Police Station- Sikarahata, District- Bhojpur, at present posted and

6/10 working as an assistant teacher in Middle School, Sikraul, Block Ara, District67. Rizwan Akhtar, son of Md. Mustafa, Resident of Village- Milki Anaith, P.O. Anaith, Police Station- Nawada, District- Bhojpur, at present posted and working as an assistant teacher in upgraded Middle School, Itawa, Block Bihiyan, District- Bhojpur.

68. Binod Kumar Singh, son of Late Ram Charitra Singh, Resident of VillagePachaina, P.O. Naya Mahmadpur, Police Station- Koilwar, at present posted and working as an assistant teacher in upgraded Middle School, Pachaina, Block Koilwar, District- Bhojpur.

69. Dr. Santosh Kumar Singh, son of Kawleshwar Singh, Resident of VillageJawahar Tola Ara, P.O. & Police Station- Nawada Ara, District- Bhojpur, at present posted and working as an assistant teacher in Middle School, Kateyan, Block Bihiyan, District- Bhojpur.

70. Rabindra Kumar Singh, son of Nanhaku Chaudhary, Resident of VillageJagdeo Nagar Ara, P.O. Anaith, Police Station- Nawada Ara, District- Bhojpur, at present posted and working as an assistant teacher in upgraded Middle School, Kasap, Block Ara, District- Bhojpur.

71. Anant Kumar Shrivastava, son of Late Bajrang Lal, Resident of VillageMahudahi, P.O.- Nathmalpur, Police Station- Barhara, District- Bhojpur, at present posted and working as an assistant teacher in upgraded Middle School, Mainpura, Block Ara, District- Bhojpur.

72. Ganesh Sah, son of Ram Pyare Sah, Resident of Village- Bhadeyan, P.O. Basantpur, Police Station- Ara Mufassil, District- Bhojpur, at present posted and working as an assistant teacher in upgraded Middle School, Saidpur, Block Ara Mufassil, District- Bhojpur.

73. Umesh Kumar Singh, son of Rajeshwar Chaudhary, Resident of Village- M.P. Bagh Ara, P.O. Ara, Police Station- Ara Town, District- Bhojpur, at present posted and working as an assistant teacher in upgraded Middle School, Singahi Kala, Block Ara, District- Bhojpur.

74. Manoj Kumar, son of Dudheshwar Ram, Resident of Village- Jagdeo Patha, P.O. & Police Station- Ara, District- Bhojpur, at present posted and working as an assistant teacher in upgraded Middle School, Gorhana, Block Udawantnagar,

75. Jagesh Narayan Tiwarim son of Raghubansh Tiwari, Resident of VillageSeray, P.O. Beray, Police Station- Chauri, District- Bhojpur, at present posted and working as an assistant teacher in upgraded Middle School, Pawar, Block Agiyawan, District- Bhojpur.

76. Hariram Chaudhary, son of Late Nand Kishore Chaudhary, Resident of VillageAnaith, P.O. Ara, Police Station- Nawada Ara, District- Bhojpur, at present Sundarpur Kadhiya, Block Ara Muffasil (South), District- Bhojpur.

77. Birendra Kumar Singh, son of Late Akhileshwar Prasad Singh, Resident of Village- Anaith, P.O. Ara, Police Station- Nawada Ara, District- Bhojpur, at present posted and working as an assistant teacher in upgraded Middle School, Gyanpura, Block Jagdishpur, District- Bhojpur.

78. Ashok Kumar, son of Shri Dularchand Singh, Resident of Village & P.O. Ara, Police Station- Nawada Ara, District- Bhojpur, at present posted and working as an assistant teacher in upgraded Middle School, Mahkampur Bara, Block Ara,

79. Birendra Singh, son of Late Deomuni Singh, Resident of Village- M.P. Bagh Ara, P.O. Ara, Police Station- Ara Town, District- Bhojpur, at present posted

7/10 and working as an assistant teacher in upgraded Middle School, Kherhi, Block Agiyawan, District- Bhojpur.

80. Faiz Anwar, son of Late Md. Badood, Resident of Village- Barah Batra, P.O. Ara, Police Station- Ara Town, District- Bhojpur, at present posted and working as an assistant teacher in upgraded Middle School,Saidpura Ara, Block Ara Mufassil (north), District- Bhojpur.

81. Haider Ali, son of Late Gulam Mohammad, Resident of Village- Barahbatra, P.O. Ara, Police Station- Ara Town, District- Bhojpur, at present posted and working as an assistant teacher in upgraded Middle School, Galchaur, Block Barhara, District- Bhojpur.

82. Sumant Kumar, son of Ramchandra Chaudhary, Resident of Village & P.O.- Hasan Bazar, Police Station- Piro, District- Bhojpur, at present posted and working as an assistant teacher in upgraded Middle School, Jamorhi, Block Ara,

83. Suresh Nandan Prasad, son of Late Surya Nandan Prasad, Resident of VillageKarisath, P.O. Karisath, Police Station- Udawantnagar, District- Bhojpur, at present posted and working as an assistant teacher in Middle School, Karisath, Block Udwantnagar, District- Bhojpur.

84. Rajesh Kumar Pandey, son of Late Sarju Pandey, Resident of Village- Bharsara, P.O. Kakila, Police Station- Jagdishpur, District- Bhojpur, at present posted and working as an assistant teacher in Middle School, Sangam Tola, Block Ara,

85. Sanjay Kumar Pandey, son of Kamta Pandey, Resident of Village- Bishnu Nagar Ara, P.O. Anaith, Police Station- Nawada Ara, District- Bhojpur, at present posted and working as an assistant teacher in upgraded Middle School, Nawada Ben, Block Ara, District- Bhojpur.

86. Ram Ayodhya Singh, son of Thakur Dayal Singh, Resident of VillageBamhwar, P.O. Bamhwar, Police Station- Piro, District- Bhojpur, at present Basawan Tola, Block Piro, District- Bhojpur.

87. Om Prakash Singh, son of Ramnath Singh, Resident of Village- Digha Tola, P.O. Tenuni, Police Station- Jagdishpur, District- Bhojpur, at present posted and working as an assistant teacher in upgraded Urdu School, Chakwa, Block Jagdishpur, District- Bhojpur.

88. Mr. Abrar Khan, son of Md. Mehadi Hussain Khan, Resident of Village- Mella, P.O. & Police Station- Piro, District- Bhojpur, at present posted and working as an assistant teacher in upgraded Middle School, Pakara Tola, Block Ara,

89. Md. Sainul, son of Md. Usman, Resident of Village- Milki, P.O. & Police Station- Piro, District- Bhojpur, at present posted and working as an assistant teacher in upgraded Middle School, Deochanda, Block Ara, District- Bhojpur.

90. Kumar Ranjan, son of Late Satyendra Kumar Singh, Resident of VillageSedahan, P.O. Sedahan, Police Station- Tarari, District- Bhojpur, at present posted and working as an assistant teacher in upgraded Middle School, Arai Dih, Block Ara, District- Bhojpur.

91. Vidya Bhushan Tiwari, son of Late Ramjee Tiwari, Resident of VillageAmehta (Ganeshpur), P.O. Amehta, Police Station- Agiyawan Bazar, DistrictBhojpur, at present posted and working as an assistant teacher in upgraded Middle School, Newari, Block Ara, District- Bhojpur.

92. Abdul Rahim Ansari, son of Late Md. Zibrail Ansari, Resident of Village+ P.O. Chakiya, Police Station- Sikarahata, District- Bhojpur, at present posted and working as an assistant teacher in upgraded Middle School, Kusumhi, Block

8/10 Ara, District- Bhojpur.

93. Alimuddin Ansari, son of Late Maniruddin Ansari, Resident of Village+ P.O. & Police Station- Koilwar, District- Bhojpur, at present posted and working as an assistant teacher in Middle School, Purana Haripur, Block Ara, District94. Zawed Akhtar, son of Late Md. Khalil, Resident of Village+ P.O. & Police Station- Koilwar, District- Bhojpur, at present posted and working as an assistant teacher in upgraded Middle School, Semara, Block Ara, District95. Md. Iftekhar Ahmed, son of Md. Shamsuddin, Resident of Village+ P.O. & Police Station- Koilwar, District- Bhojpur, at present posted and working as an assistant teacher in upgraded Middle School, Bagh Majhauwa, Block Ara,

96. Shamim Akhtar, son of Md. Ayub, Resident of Village- Lawana, P.O.- Kanaul Chandi, Police Station- Charpokhari, District- Bhojpur, at present posted and working as an assistant teacher in upgraded Kanya Middle School, Pachrukhiya Kala, Block Ara, District- Bhojpur. .... .... Petitioner/s

Versus

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

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

3. The District Magistrate, Bhojpur at Ara.

4. The Regional Deputy Director of Education-cum- Appellate Authority, Patna Division, Patna.

5. The District Education Officer-cum- Chairman, District Elementary Teachers Promotion Committee, Bhojpur at Ara.

6. The District Education Officer, Bhojpur at Ara.

7. The District Programme Officer (Establishment)-cum- Member Secretary, District Elementary Teachers Promotion Committee, Bhojpur at Ara.

8. The District Programme Officer (Establishment), Bhojpur at Ara.

9. The Senior Deputy Colletor-cum- Member, District Elementary Teachers Promotion Committee, Bhojpur at Ara.

10. The Senior Programme Officer-cum- Member, District Elementary Teachers Promotion Committee, Bhojpur at Ara.

11. The District Welfare Officer-cum- Member, District Elementary Teachers Promotion Committee, Bhojpur at Ara.

12. Krishna Kumar Singh, son of Late Munshi Singh, Resident of Village- Varsi, P.S. Tarari, District- Bhojpur, presently posted as H.M., Middle School Jamira Ara Muffasil South, District- Bhojpur.

13. Mohan Prasad, son of Late Satya Narayan Prasad, presently posted as H.M., Upgraded Urdu Middle School Kayamnagar, Koilwar, District- Bhojpur.

14. Suhail Akhtar, son of Masiujama, presently posted as H.M., Middle School Sahabad Urdu District- Bhojpur.

15. Shashi Ranjan, son of Gobind Deoinarayan, presently posted as H.M., Upgraded Middle School Matiyara, Koilwar, District- Bhojpur.

16. Ram Ekbal Singh, son of Late Dular Singh, presently posted as H.M., Middle School Rajapur, Koilwar, District- Bhojpur.

17. Shagufta Praveen, D/o Late Abdul Sattar, presently posted as H.M. Monako Kuwar Middle School Bhaluhipur, District- Bhojpur.

18. Kumari Indrawati, wife of Chandrashekhar Prasad, presently posted as H.M. Middle School Chowk Ara Nagar, District- Bhojpur.

9/10

19. Krishna Singh Vimal, S/o Sipahi Singh, presently posted as Headmaster in Amir Chand Girls Middle School, Ara, P.O. Ara G.P.O., District Bhojpur at Ara.

20. Ram Tapasya Rai, S/o Sahari Rai, presently posted as Headmaster in Girls Middle School Chandi P.O. Narbirpur, District Bhojpur.

21. Manoj Kumar, S/o Devendra Singh, presently posted as Headmaster in U.M.S. Kusuma, P.O.- Sakhuan, District- Bhojpur. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. P.K. Shahi, Sr. Advocate Mr. Umesh Kumar Mishra, Advocate For the Respondent/s : Smt. Shilpa Singh, GA-12 Mr. Sunil Kumar, AC to GA-12 For Resp nos. 12 to 18 : Mr. S. K. Ranjan, Advocate For Resp nos. 19 to 21 : Mr. Ashok Kumar Choudhary, Advocate Mr. Ram Kumar Singh, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 29-03-2018 Heard Mr. P.K. Shahi, learned senior counsel for the petitioners, Mr. Ashok Kumar Chaudhary, learned counsel appearing on behalf of the interveners and other counsel appearing on behalf of the intervener and the State.

The issue with regard to promotion and follow up posting is subject matter of the present writ application. Many fold infirmities have been highlighted by the petitioners in the decision.

On behalf of the intervener explanations has been furnished to indicate that the allegations have no substance. The matter of promotion and posting is subject matter of enquiry by the District Magistrate, Bhojpur. There is no occasion for this Court to arrive at any conclusion, as the matter of pending

10/10 enquiry by the District Magistrate. Passing any comment in the present case one way or the other will cause prejudice to either party and at the same time it may influence the pending enquiry by the District Magistrate, Bhojpur.

In the aforesaid circumstances, instead of entering into the merit of the case, the writ application is disposed of with observation that the District Magistrate, Bhojpur, who is in seisin of the enquiry into illegality and infirmity in the decision making process i.e. with regard to promotion and posting, is expected to conclude the enquiry expeditiously preferably within a period of three months from the date of receipt/production of a copy of this order, so that the dispute may be taken to its logical end.

It goes without saying that any person aggrieved by the enquiry report of the District Magistrate, Bhojpur may explore the forum available for redresal of his/her respective grievance. With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date03.04.2018 Transmission Date