Krishanandan Pathak And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4998 of 2015 ===========================================================

1. Krishanandan Pathak, S/O Late Nandkishor Pathak, resident of Village- Kutari, P.O- Naromurar, P.S- Warisaligang, District- Nawada, retired Lanuage implementation officer, Bokaro steel City, Bokaro.

2. Durga Das Sharma, S/o late Balunandan Sharma, resident of Village- Kutari, P.O- Naromurar, P.S- Warisaligang, District- Nawada. .... .... Petitioner/s

Versus

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

2. The Principal Secretary, Education Department, Govt. of Bihar,Vikas Bhawan, Patna.

3. The Director, Secondary Education, Vikas Bhawan, Patna.

4. The Regional Dy. Director of Education, Magadh Division, Gaya.

5. The District magistrate, Nawada.

6. The District Education Officer, Nawada.

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

For the Petitioner/s : Mr. Bankey Bihari Singh For the Respondent/s : Mr. Anjani Kumar, AAG 6 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 27-07-2015 This is purely a motivated writ petition by way of Public Interest Litigation sponsored by a Headmaster who is intending to get posted at a High School in Village Kutri of Nalanda District. While one of the petitioners is a retired Education Officer, the other is a retired teacher. Both of them are said to be the residents of Village Kutri. They filed a representation dated 23.9.2013 to the District Education Officer stating, inter alia, that the Plus 2 High School in their village is not functioning well and on account of

Patna High Court CWJC No.4998 of 2015 dt.27-07-2015 2/2 inefficiency of the Headmaster, by name Awadhesh Prasad. They further stated that a Headmaster by name Arvind Kumar Satyarthi, who is working in an institution at Chakbai, can be posted in his place.

This writ petition is filed alleging that that though a representation was made long back, no step was taken by the respondents.

Heard learned counsel for the petitioners and Sri Anjani Kumar, learned AAG 6, for the respondents and perused the records. Obviously because they have got some leisure time at their disposal after their retirement, the petitioners are indulging them in petty politics. In case they wanted the functioning of the school to be improved, they must have indicated certain measures, such as provide for infrastructure or ensure proper attendance of the students. The emphasis in the entire representation dated 23.9.2013 was only about painting a bad picture of the existing Headmaster and to bring Sri Satyarthi in his place. We have got our own doubt that this litigation is sponsored by said Sri Satyarthi. Unfortunately, there is no dearth of politics of this nature amongst the Govt. teachers. We do not find any basis to entertain this writ petition. It is accordingly dismissed.

(L. Narasimha Reddy,CJ) (Anjana Mishra, J) mrl U