Mahesh Choudhary And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16299 of 2016 ======================================================

1. Mahesh Choudhary Son of Ramchandra Choudhary resident of VillageKhera, P.O. +P.S. Sahar, District - Bhojpur(Untrained).

2. Ravindra Choudhary Son of Kameshwar Choudhary Resident of VillageMakhmilopur, P.S. Karpi, District - Arwal (Untrained).

3. Bibha Kumari D/o Rambral Singh Resident of Village- Trikaul, P.S Sandesh, District Bhojpur (trained).

4. Lalita Kumari D/o Gauri Shankar Singh Resident of Village- Trikaul, P.S Sandesh, District Bhojpur (trained).

5. Upendra Prasad Son of Koman Prasad Resident of Village- Kormathu, P.S Belaganj, District Gaya (Trained).

6. Anita kumari D/o Shivdayal Singh Resident of Village- Barauna, P.S. Narayanpur, District Bhojpur( trained).

7. Sudesh Choudhary Son of Shivji Choudhary Resident of VillageBhagwanpur, P.S. Pawana, District Bhojpur(untrained).

8. Md. Adalat Hussain Son of Md. Ali Mohammad Resident of VillageNarayanpur, P.S Hasan Bazar, District Bhojpur (Trained).

9. Amir Alam Son of Mahfuj Alma Resident of Village- Khetari MohallaP.S. Town Ara, District Bhojpur (Untrained).

10. Babita Kumari D/o Sakaldeo Singh resident of Village+P.O. +P.S. Saraut, District Siwan at Present Upgraded Middle School, Barauna, Distt Bhojpur .... Petitioners

Versus

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

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

3. The Regional Deputy Director of Education, Patna.

4. The District Magistrate, Bhojpur at Ara.

5. The District Education Officer, Bhojpur at Ara.

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

7. The Block Development Officer, Agiaon, District Bhojpur at Ara.

8. The Block Education Officer, Agiaon, Bhojpur at Ara.

9. The District Appellate Authority, Bhojpur at Ara through its Presiding Officer.

10. The Incharge Headmaster, Middle School, Banauli, Block- Agiaon, District Bhojpur Namley .... Respondents ====================================================== Appearance :

For the Petitioners : M/S Dilip Kumar Tiwary & Lalmunish Sharma, Advs.

For the Respondents : Mr. Manjeet Singh, GP XX ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 13-02-2018 Heard the learned counsel for the petitioners and the

Patna High Court CWJC No.16299 of 2016 (2) dt.13-02-2018 2/2 learned counsel appearing for the State.

Mr. Dilip Tiwary, learned counsel for the petitioners, fairly submits that in view of the fact that the State Tribunal is now functional, he may file appeal before the State Appellate Authority.

In view of the above, petitioners are granted liberty to file appeal before the State Appellate Authority. If the appeal is filed within a period of one month from today, along with a copy of the order of this Court, the State Appellate Authority is required to examine the appeal of the petitioners in accordance with law after condoning the delay, if any, in filing the appeal in view of the fact that the writ petition filed by the petitioners remained pending in this Court since 26.09.2016.

With the aforesaid observation, this writ application stands disposed of.

(Anil Kumar Upadhyay, J) SA/- U