Sandip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6413 of 2021 ====================================================== 1.

Sandip Kumar Son of Chet Narayan Singh, Resident of Village - Chorhar, P.O. - Chorhar, P.S. Kharik Bazar, District - Bhagalpur. Presently resident at C/o Rajendra Prasad Sinha, Mohalla Tank Lane Gumti no. 3 P.S. Bhikhanpura, District - Bhagalpur.

2.

Kumari Sunit Gupta, Wife of Vidyanand Sah, Resident of Mohalla - Khaira, P.O. - Khagarachanda, P.S. Narpatganj, District - Araria. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Commissioner-Cum-Secretary, Education Department, Government of Bihar - Patna.

2.

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

The Principal Secretary Department of Personnel and Administrative Reforms, Government of Bihar Patna.

4.

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

5.

The District Education Officer, Araria.

6.

The District Education Officer, Bhagalpur.

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

For the Petitioner/s :

Mr. Sanjay Kumar For the Respondent/s :

Mr. Lalit Kishore ( Ag ) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 07-02-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

2. In the instant petition, petitioners have prayed for the following relief/reliefs:

"(a) For issuance of any appropriate writ/s especially in the nature of mandamus commanding and directing the respondents concerned to observed the petitioners on the post of Class-III and Class-IV under the respondents state as the petitioner are ex-instructor

Patna High Court CWJC No.6413 of 2021 dt.07-02-2022 2/2 of non-formal educations on several grounds including that the state grounds including that the State Government has decided to absorb the non-formal education supervisor on Class-III Post.

(b) For issuance of any appropriate writ/s, rule or directions as Your Lordships may deem fit and proper to the facts and circumstances of the case as well as for which the petitioners may be found entitled thereto."

3. The aforesaid relief is not supported by any legal or statutory right vested with the petitioners followed by demand before the competent authority, therefore, the present petition stands dismissed in the light of Apex Court decision in the case of Mani Subrat Jain V. State of Haryana reported in (1977) 1 SCC 486, reserving liberty to the petitioners to file representation read with the judicial pronouncements, if any. If such representation is submitted, the competent authority is hereby directed decide petitioners' representation within a reasonable period of time. (P. B. Bajanthri, J) GAURAV S./- AFR/NAFR CAV DATE Uploading Date Transmission Date