Bimal Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3267 of 2023 ====================================================== 1.
Bimal Sahani, S/o Muni Lal Sahani, resident of village- Narayanpur, P.S. - Mohiuddin Nagar, Dist. - Samastipur.
2.
Vijay Kumar Ray, Son of Late Ram Yatan Ray, Resident of village - Mahamadpur Kumaiya, P.S. - Mohiuddin Nagar, Distt. - Samastipur. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Human Resources Development Department, New Secretariat, Vikas Bhawan, Baily Road, Patna.
2.
The Director, Primary and Elementary Education, Human Resources Development Department New Secretariat, Vikash Bhawan, Bailey Road, Patna, Bihar.
3.
The Special Secretory-cum-Incharge Director, Mass Education, Department, Bihar, Patna.
4.
The Commissioner, Muzaffarpur Division, Muzaffarpur. 5.
The Commissioner, Darbhanga Division, Darbhanga. 6.
The Regional Development Officer, Darbhanga Division, Darbhanga. 7.
The District Superintendent of Education, Samastipur. 8.
The District Education Officer, Samastipur.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Mira Kumari, Advocate For the Respondent/s :
Mr.Hitesh Suman, AC to SC-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 27-07-2023 1.
Heard learned counsel for the petitioners and learned counsel for the State.
2.
The petitioners have approached this court for regularization of their services as Non-formal Education Instructors.
3.
After some arguments, learned counsel for the petitioners does not dispute the fact that the petitioners did not
Patna High Court CWJC No.3267 of 2023(2) dt.27-07-2023 2/2 approached this court prior to the cutoff date with respect to the relief, by virtue of their having discharged duties as Instructors under the Non-Formal Education Scheme.
4.
The said fact not being in dispute, having regard to the decision of the Hon'ble Apex Court in the case of The State of Bihar and Ors. versus Prabhat Ranjan passed in Special Leave to Appeal (C) No. 32079 of 2015 dated 26.02.2016, and the recent decision of this court in the case of The State of Bihar and Ors. versus Harendra Mishra and Ors. passed in Civil Review No. 59 of 2018 following the order of the Hon'ble Apex Court, the petitioners' claim for regularization or absorption is not tenable.
5.
Writ application is dismissed.
(Madhuresh Prasad, J) shashank/- U