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Patna High CourtMJC/607/2019disposed

Ram Prasidh Ray v. The State Of Bihar And ORS

2026-05-01Mr. Justice Ritesh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.607 of 2019 In Civil Writ Jurisdiction Case No.12531 of 2014 ====================================================== Ram Prasidh Ray S/o Sri Ram Ratan Ray Assistant Teacher, Project Girls High School, Mahua, Police Station - Mahua, District - Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

R.K. Mahajan the Principal Secretary, Department of Education, Govt. of Bihar, New Secretariat, Vikas Bhawan, Patna 3.

Kamal Kumar Sinha Director (Secondary Education), Department of Education, Govt. of Bihar, New Secretariat, Vikas Bhawan, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Sharma, Advocate For the Opposite Party/s :

Smt. Shilpa Singh, G.A.12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER 01-05-2026 Heard the parties.

2. The present contempt petition has been filed for non-compliance of order dated 26.07.2018, passed in C.W.J.C. No.12531 of 2014, whereby the writ petition was disposed of, in absence of any counter affidavit on behalf of the State, with a direction to the Director, Secondary Education to examine the claim of the petitioner in light of the order dated 22.05.2015, passed in C.W.J.C. No.13159 of 2015 and it was directed that if it is found that the case of the petitioner is similar to the case of Maheshwar Prasad Singh, similar benefits should be extended to the petitioner. It was further directed that final decision in this

Patna High Court MJC No.607 of 2019(13) dt.01-05-2026 2/3 regard must be taken by the respondent-Director, Secondary Education within a period of four months from the date of receipt/production of a copy of this order.

3. The learned counsel for the petitioner submits that against the order dated 26.07.2018, passed in C.W.J.C. No.12531 of 2014, the State-Respondents preferred Letter Patent Appeal bearing L.P.A. No.537 of 2019, however the same was dismissed by Hon'ble Division Bench of this Court vide order dated 20.09.2022. Subsequently, the State-Respondents filed Civil Review No.290 of 2022, however the same was also dismissed by Hon'ble Division Bench of this Court vide order dated 22.08.2025, and now the State-Opposite Parties have come out with an order contained in Memo No.39, dated 17.04.2026, passed by the Director (Secondary Education), Government of Bihar, Patna, whereby the claim of the petitioner has been rejected, on erroneous ground, only to circumvent the order passed by this Court in the present contempt petition.

4. Having heard the learned counsel for the parties, this Court is of the considered opinion that in view of the order dated 17.04.2026, passed by the Director, Secondary Education, no contempt is made out. However, if the petitioner, so desires, he is at liberty to file an appropriate petition before an

Patna High Court MJC No.607 of 2019(13) dt.01-05-2026 3/3 appropriate forum by challenging the said Memo No.39, dated 17.04.2026, passed by the Director (Secondary Education), Government of Bihar, Patna.

5. Accordingly, the contempt petition is disposed of. (Ritesh Kumar, J.) Sanjay/- U