Rukmini Kumari And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6627 of 2016 ====================================================== 1.

Rukmini Kumari Wife of Krishnadeo Sah resident of Village - Mohali, P.O. Manpur, Block - Singheshwar, District - Madhepura 2.

Jay Kumar Yadav Son of Maheshwari Prasad Yadav resident of village - Piprahi Chakla, P.O. Bardaha, Block - Ghailarh, District - Madhepura 3.

Neelam Kumari Wife of Jay Kumar Yadav resident of village - Itahari, P.O. Gahumani, Block - Singheshwar, District - Madhepura 4.

Jai Ram Mandal Son of Hulau Mandal resident of village - Damha, P.O. Piprahi Block - Singheswar District - Madhepura 5.

Ravindra Yadav Son of Rash Bihari Yadav resident of village - Kolhua, Block - Sankarpur District - Madhepura 6.

Dev Nandan Yadav Son of Kusumlal Yadav resident of village - Kolhua, P.O. Moura Jharkaha, Block - Sankarpur, District - Madhepura 7.

Brahmdeo Prasad Yadav Son of Jibachh Yadav resident of village - Damha, P.O. Piprahi Block - Singheswar District - Madhepura 8.

Nayan Kumari Wife of Sanjay Kumar Yadav resident of village - Arsandi, P.O. Block - Chousa, District - Madhepura 9.

Sitaram Mandal Son of Adhik Lal Mandal resident of village - Tetri Tola, P.O. Block - Chousa, District - Madhepura 10.

Akavari Kumari Wife of Hiralal Sah resident of village - Kanhua Godhiyari, P.O. Babhini, Block - Singheswar, District - Madhepura 11.

Kumari Kiran Wife of Jai Kumar Yadav resident of village P.O. Block - Gwalpara, District - Madhepura 12.

Digambar Sharma Son of Bindeshwari Sharma resident of village - Ithahri, P.O. Gahumani, Block - Singheshwar, District - Madhepura 13.

Savitri Devi Wife of Devnandan Mandal resident of village - Bariyahi, P.O. Jitapur, Block - Murliganj, District - Madhepura 14.

Sulekha Devi Wife of Bilash Kumar Mandal resident of village - Bhatouni, P.O. Bansgopal, Block - Puraini, District - Madhepura 15.

Balmiki Roy Son of Late Dorik Roy resident of village P.O. Rahua, Block - Udakishunganj, District - Madhepura 16.

Anil Kumar Son of Gopal Prasad Yadav resident of village - Itahari, P.O. Gahumani, Block - Singheshwar, District - Madhepura 17.

Shambhu Ram Son of Bishun Ram resident of village - Ramganj, P.O. Ramganj, Block - Kumarkhand, District - Madhepura 18.

Dilip Kumar Son of Satya Narayan Yadav resident of village - Gadhia, P.O. Block - Kumarkhand, District - Madhepura 19.

Mira Kumari D/o Bindeshwari Prasad Yadav, Wife of Dilip Kumar resident of village - Gadhia, P.O. Block - Kumarkhand, District - Madhepura 20.

Ramchandra Yadav Son of Dip Narayan Yadav resident of village - Gadhia, P.O. Block - Kumarkhand, District - Madhepura

2/9 21.

Sudhir Kumar Son of Dip Narayan Yadav resident of village - Gadhia, P.O. Block - Kumarkhand, District - Madhepura 22.

Pradeep Kumar Son of Kamta Prasad resident of village P.O. Block Kumarkhand, District - Madhepura 23.

Asha Devi Wife of Sikandar Prasad Mandal resident of village - Budhu Chak, P.O. Arajpur, Block - Chousa, District - Madhepura 24.

Shiv Shankar Ram Son of Nathar Ram resident of village - Kanhua Godhiyari, P.O. Babhini, Block - Murliganj, District - Madhepura 25.

Ganga Prasad Yadav Son of Late Shampat Lal Yadav resident of village - Sakhua Bhoot, P.O. Babhani, Block - Gamharia, District - Madhepura 26.

Sri Deo Yadav Son of Sri Ramjee Prasad Yadav resident of village - Arajpur Bhitta, P.O. Arajpur, Block - Chousa, District - Madhepura 27.

Savitri Devi W/o Ramdeo Prasad Yadav resident of village - Betauna, P.O. Godhaila, Block District - Madhepura 28.

Arvind Kumar Son of Mungalal Yadav resident of village - Damha, P.O. Piprahi Block - Singheswar District - Madhepura 29.

Baijnath Thakur Son of Sirekhan Thakur resident of village - Karuwaili, P.O. Yadua Patti, Block - Kumarkhand, District - Madhepura 30.

Nibha Devi Wife of Manoj Kumar Singh resident of village P.O. Bishanpur Korlahi, Block - Kumarkhand, District - Madhepura 31.

Ram Chandra Thakur Son of Sirekhan Thakur resident of village - Karuwaili, P.O. Yaduapatti, Block - Kumarkhand, District - Madhepura 32.

Satya Narayan Mandal Son of Sri Narayan Mandal resident of Village - Mohali, P.O. Manpur, Block - Singheshwar, District - Madhepura 33.

Kapleshwar Mandal Son of Sri Narayan Paswan resident of village - Mainirahi, P.O. Sukhasan Chakla, Block District - Madhepura 34.

Tribhuwan Paswan Son of Jai Narayan Paswan resident of village - Mainirahi, P.O. Sukhasan Chakla, Block District - Madhepura 35.

Chandeshwari Kumar Son of Mushay Yadav resident of village P.O. Gamaharia, District - Madhepura 36.

Binod Kumar Singh Son of Pitamber Singh resident of village - Sihpur Chakla, P.O. Kumarkhand, Block - Kumarkhand, District - Madhepura 37.

Birendra Lal Das Son of Late Badri Lal Das resident of village P.O. Block - Singheshwar, District - Madhepura 38.

Chandan Kumar Son of Kamal Ram resident of village P.O. Block - Singheshwar, District - Madhepura 39.

Bindeshwari Ram Son of Mahendra Ram resident of village P.O. Block - Singheshwar, District - Madhepura 40.

Shantinath Jha Son of Late Shiv Shekhar Jha resident of village - Rampatti, P.O. Block - Singheshwar, District - Madhepura 41.

Lakshmi Sardar Son of Late Jokhi Sardar resident of village - Laxminia, P.O. Bhatani, Block - Kumarkhand, District - Madhepura 42.

Ratna Kumari Wife of Shashi Shekhar Yadav resident of village - Tengraha,

3/9 P.O. Bhatani, Block - Kumarkhand, District - Madhepura 43.

Suresh Kumar Bharti Son of Sitaram Yadav resident of village - Jibachhpur, P.O. Rupouli Jibachhpur, Block - Gamaharia, District - Madhepura 44.

Bhogendra Prasad Yadav Son of Januklal Yadav resident of village - Jibachhpur, P.O. Rupouli Jibachhpur, Block - Gamaharia, District - Madhepura 45.

Ramesh Nanda Son of Phudan Lal resident of village - Jibachhpur, P.O. Rupouli Jibachhpur, Block - Gamaharia, District - Madhepura 46.

Madan Paswan Son of Baidyanath Paswan resident of village P.O. Sukhasan, Block District - Madhepura 47.

Sanjeeva Kumar Son of Upendra Prasad Yadav resident of village P.O. Tengraha, Block - Kumarkhand, District - Madhepura 48.

Md. Saood Alam Son of Late Ayub Ali resident of village P.O. Madhaili, Block - Alamnagar, District - Madhepura 49.

Anil Kumar Yadav Son of Gajendra Prasad Yadav resident of village - Gadhia, P.O. Kumarkhand, Block - Kumarkhand, District - Madhepura 50.

Kanchan Kumari D/o Badri Prasad Yadav resident of village - Jibachhpur, P.O. Rupouli Jibachhpur, Block - Gamaharia, District - Madhepura 51.

Sushila Kumari W/o Narayan Mehta resident of village - Jibachhpur, P.O. Rupouli Jibachhpur, Block - Gamaharia, District - Madhepura 52.

Ramesh Kumar Son of Dev Narayan Prasad Yadav resident of village - Jibachhpur, P.O. Rupouli Jibachhpur, Block - Gamaharia, District - Madhepura 53.

Hari Kumar Nirala Son of Dukhi Prasad Yadav resident of village - Larha, P.O. Bhavanipur, Block - Singheshwar, District - Madhepura 54.

Indu Kumari Wife of Lal Bahadur Choudhary resident of village P.O. Ghailarh, Block - Ghailarh, District - Madhepura 55.

Lalita Jaiswal D/o Tej Narayan Choudhary resident of village P.O. Sukhasan, Block - Singheshwar, District - Madhepura 56.

Kumari Lalita Singh D/o Narendra Kumar Singh resident of village P.O. Patori, Block - Singheshwar, District - Madhepura 57.

Domi Ram Son of Basudeo Ram resident of village - Gouripur, P.O. Singheshwar, Block - Singheshwar, District - Madhepura 58.

Md. Ibrahim Son of Md. Nizamuddini resident of village - Bhelra, P.O. Sukhasan, Block - Singheshwar, District - Madhepura 59.

Ram Narayan Rishideo Son of Late Dhyani Rishideo resident of village - Rupouli, P.O. Singion, Block - Singheshwar, District - Madhepura 60.

Vidyanand Kumar Son of Kamleshwari Mehta resident of village - Damha, P.O. Piprahi Block - Singheswar District - Madhepura 61.

Mahendra Ram Son of Dev Narayan Ram resident of village P.O. Piprahi, Block - Singheshwar, District - Madhepura 62.

Rukmini Devi Wife of Ashish Sah resident of village P.O. Piprahi, Block - Singheshwar, District - Madhepura

4/9 63.

Md. Moem Son of Md. Abdul Ohav resident of village - Satokhar, P.O. Kataiya, Block - Singheshwar, District - Madhepura 64.

Jai Kumar Yadav Son of Maheshwari Yadav resident of village - Piprahi Chakla, P.O. Bardaha, Block - Ghailarh, District - Madhepura 65.

Dinesh Kumar Son of Kamal Yadav resident of village - Dular, P.O. Piprahi, Block - Singheshwar, District - Madhepura 66.

Subhash Kumar Son of Sahdeo Prasad Yadav resident of village - Dular, P.O. Piprahi, Block - Singheshwar, District - Madhepura 67.

Bindeshwari Kumar Yadav Son of Bhogilal Prasad Yadav resident of village P.O. Singion, Block - Gamaharia, District - Madhepura 68.

Manoj Kumar Suman Son of Yashodha Prasad Yadav resident of village - Banchotha, P.O. Vashudeva, Block - Ghailadh, District - Madhepura 69.

Reena Kumari D/o Jaleshwar Prasad Yadav resident of village P.O. Dumaria, Block - Murliganj, District - Madhepura 70.

Manoj Kumar Son of Bindeshwari Prasad Yadav resident of village - Jibachhpur, P.O. Toka Jibachhpur, Block - Gamahari, District - Madhepura 71.

Mohhamad Ayub Son of Mohhamad Yunuj resident of village - Majrahat Tola Islampur, P.O. Singheswar, Majrahat, Block - Singheshwar, District - Madhepura 72.

Md. Faruk Son of Mohhamad Yunuj resident of village - Majrahat Tola Islampur, P.O. Singheswar, Majrahat, Block - Singheshwar, District - Madhepura 73.

Manoj Kumar Son of Brajendra Narayan resident of village - Madhepura, Ward No. 14, P.O. Block District - Madhepura 74.

Virbal Kumar Yadav Son of Sugdeo Yadav resident of village - Lakshminia, P.O. Bhatani, Block - Kumarkhand, District - Madhepura 75.

Rajendra Yadav Son of Rudal Yadav resident of village - Parsahi, P.O. Bhatani, Block - Kumarkhand, District - Madhepura 76.

Ramashish Yadav Son of Hukumlal Yadav resident of village - Mankaha, P.O. Bhatani, Block - Kumarkhand, District - Madhepura 77.

Badri Yadav Son of Mukhay Yadav resident of village - Lakshminia, P.O. Bhatani, Block - Kumarkhand, District - Madhepura 78.

Mannu Kumari D/o Bijendra Narayan Singh resident of village P.O. Sukhasan, Block - Kumarkhand, District - Madhepura 79.

Bidyanand Sah Son of Vishnudeo Sah resident of village - Simraha, P.O. Simraha, Block District - Madhepura 80.

Sanjay Kumar Gupta Son of Janak Sah resident of village - Simraha, P.O. Simraha, Block District - Madhepura 81.

Janardan Yadav Son of Domi Yadav resident of village - Piprahi, P.O. Bhan, Block District - Madhepura 82.

Bal Krishna Gupta Son of Kamal Sah resident of village - Simraha, P.O. Simraha, Block District - Madhepura 83.

Gobind Prasad Gupta Son of Neti Gupta resident of village - Simraha, P.O. Simraha, Block District - Madhepura

5/9 84.

Dhanraj Bhagat Son of Avinash Prasad Bhagat resident of village P.O. Chirouri, Block District - Madhepura 85.

Gajendra Prasad Yadav Son of Chhedi Prasad Yadav resident of village - Gauripur, P.O. Block - Singheswar, District - Madhepura 86.

Baidyanath Kumar Son of Sitaram Yadav resident of village - Jibachhpur, P.O. Rupouli, Block - Gamahari, District - Madhepura 87.

Manoj Kumar Son of Janardan Bhagat resident of village P.O. Simraha, Block District - Madhepura 88.

Rajeev Kumar Son of Dhirendra Sah resident of village P.O. Simraha, Block District - Madhepura 89.

Md. Noor Alam Son of Md. Washid resident of village P.O. Simraha, Block District - Madhepura 90.

Meena Devi Wife Umashankar Sah resident of village P.O. Simraha, Block District - Madhepura 91.

Bhupendra Kumar Son of Jagdish Prasad Sah resident of village - Madhuvan, P.O. Turkahi, Block District - Madhepura 92.

Baidyanand Pandit Son of Tanuk Pandit resident of village - Sakhua, P.O. Simraha, Block District - Madhepura 93.

Lal Bihari Yadav Son of Subhak Prasad Yadav resident of village P.O. Simraha, Block District - Madhepura 94.

Rekha Devi Wife of Shambhu Sharan Singh resident of village P.O. Patori, Block - Singheswar, District - Madhepura 95.

Kishori Gupta Son of Shankar Sah resident of village - Chakla, P.O. Sukhasan, Block District - Madhepura 96.

Gauri Shankar Sah Son of Ramdeo Sah resident of village - Kanua Godhiyari, Block - Singheswar, District - Madhepura 97.

Gajendra Kumar Son of Janardan Yadav resident of village - Aurahi, P.O. Chitti, Block - Ghailarh, District - Madhepura 98.

Birendra Kumar Ram Son of Late Rajeshwar Ram resident of village P.O. Sakarpura, Block District - Madhepura 99.

Bechan Mandal Son of Mushaharu Mandal resident of village P.O. Ratanpatti, Block - Murliganj, District - Madhepura .

Pradeep Kumar Das Son of Harihar Das resident of village P.O. Ratanpatti, Block - Murliganj, District - Madhepura .

Rita Ragini Wife of Sadanand Prasad resident of village - Bhelahi, P.O. Ratanpatti, Block - Murliganj, District - Madhepura .

Bidya Nand Mandal Son of Mogal Mandal resident of village P.O. Ratanpatti, Block - Murliganj, District - Madhepura .

Shila Devi Wife of Deep Narayan resident of village P.O. Ratanpatti, Block - Murliganj, District - Madhepura .

Swaruplal Sadar Son of Late Babu Jee Sardar resident of village - Gadha, P.O. Bariyaha, Block - Sankarpur, District - Madhepura 105 Chandramila Devi Wife of Jay Kumar Yadav resident of village - Kolhua

6/9 .

Purva, P.O. Block - Sankarpur, District - Madhepura .

Jai Krishna Rishideo Son of Baku Rishideo resident of village - Basantpur, P.O. Sripur Milik, Block - Sankarpur, District - Madhepura .

Niramala Devi Wife of Mohanand Ram resident of village - Basantpur, P.O. Raybhir, Block - Sankarpur, District - Madhepura .

Sunaina Devi Wife of Jai Krishna Yadav resident of village P.O. Sonversa, Block - Sankarpur, District - Madhepura .

Sadanand Ram Son of Bidyanath Ram resident of village - Basantpur, P.O. Raybhir, Block - Sankarpur, District - Madhepura .

Bashudeo Ram Son of Subhuk Ram resident of village - Basantpur, P.O. Raybhir, Block - Sankarpur, District - Madhepura

111. Renu Devi Wife of Bijendra Prasad Yadav resident of village - Mourkahi, P.O. Madhaili Bazar, Block - Sankarpur, District - Madhepura .

Rekha Devi Wife of Jay Nandan Sardar resident of village - Gadha Rampur, P.O. Bariyahi, Block - Sankarpur, District - Madhepura .

Munshi Mukhia Son of Mahavir Mukhia resident of village - Ekparha, P.O. Ekparha, Block - Gamaharia, District - Madhepura .

Bhusan Kumar Son of Maheshwari Prasad Yadav resident of village P.O. Bashudeva, Block - Ghailarh, District - Madhepura .

Sheela Devi Wife of Udit Narayan Prasad Yadav resident of village - Ramnagar, P.O. Bashudeva, Block - Ghailarh, District - Madhepura .

Rabindra Kumar 'Raman' Son of Upendra Narayan Yadav resident of village - Bhelahi, P.O. Ratanpatti, Block - Murliganj, District - Madhepura .

Birendra Kumar Yadav Son of Yogendra Yadav resident of village P.O. Block - Kumarkhand, District - Madhepura .

Ranjana Kumari Wife of Chandra Kant Yadav resident of village - Sukhasan, P.O. Parra, Block - Murliganj, District - Madhepura .

Chandeshwari Ram Son of Late Jagdish Ram resident of village - Korlahi, P.O. Bishanpur Korlahi, Block - Kumarkhand, District - Madhepura .

Rukimini Singh Wife of Sushil Kumar Singh resident of village P.O. Sukhasan, Block - Kumarkhand, District - Madhepura .

Shrawan Kumar Rajak Son of Sitaram Rajak resident of village P.O. Ratanpatti, Block - Murliganj, District - Madhepura .

Ambuj Kumar Son of Shiv Narayan Yadav resident of village P.O. Ranipatti, Block - Kumarkhand, District - Madhepura .

Bhagwan Yadav Son of Kantlal Yadav resident of village P.O. Chatra, Block - Gwalpara, District - Madhepura .

Shyam Sunder Sah Son of Late Bindeshwari Sah resident of village P.O. Chikni Fulkaha, Block - Gwalpara, District - Madhepura .

Sikandar Sharma Son of Tuntun Sharma resident of village - Ajgeva, P.O. Moursanda, Block - Chousa, District - Madhepura .

Guru Charan Sharma Son of Tuntun Sharma resident of village - Ajgeva, P.O. Moursanda, Block - Chousa, District - Madhepura

7/9 .

Murlidhar Bhagat Son of Late Singheshwar Bhagat resident of village - Ajgeva, P.O. Moursanda, Block - Chousa, District - Madhepura .

Chunchun Prasad Mandal Son of Late Paro Prasad Mandal resident of village - Dhaneshpur, P.O. Dhaneshpur, Block - Chousa, District - Madhepura .

Usha Devi Wife of Ramcharitra Rajak resident of village - Srinagar Sahajnathpur, P.O. Srinagar, Block - Ghailarh, District - Madhepura .

Ganesh Prasad Yadav Son of Prithvi Prasad Yadav resident of village - Belokhari, P.O. Srinagar, Block - Ghailarh, District - Madhepura .

Ram Chandra Choupal Son of Late Parmeshwari Choupal resident of village - Budheva, P.O. Baithari, Block - Singheshwar, District - Madhepura .

Umesh Ram Son of Visho Ram resident of village - Bhelva, P.O. Simraha, Block District - Madhepura .

Madhumala Kumari Wife of Ram Chandra Prasad resident of village - Bhirkhi, Ward No. 23, P.O. Madhepura, Block District - Madhepura .

Md. Manauwer Alam Son of Abdul Quyyum resident of village P.O. Block - Gwalpara, District - Madhepura .

Yogendra Kumar Son of Nunulal Prasad Yadav resident of village - Ram Singh Tola, P.O. Jitapur, Block - Murliganj, District - Madhepura .

Devdutta Ram Son of Late Kishan Ram resident of village - Sonversa, P.O. Sonversa, Block - Shankarpur, District - Madhepura .

Brahmdeo Kumar Son of Late Natay Sah resident of village - Jibachhpur, P.O. Jibachhpur, Block - Gamaharia, District - Madhepura .

Pushpalata Devi Wife of Umeshjee resident of village P.O. Block - Kumarkhand, District - Madhepura .

Gajendra Kumar Son of Uttamlal Yadav resident of village - Sonversa, P.O. Sonversa, Block - Kumarkhand, District - Madhepura .

Meena Kumari Wife of Suresh Prasad Yadav resident of village P.O. Sukhasan, Block - Singheshwar, District - Madhepura .

Kanchana Kumari Wife of Ajay Kumar Singh resident of village P.O. Piprahi, Block - Singheshwar, District - Madhepura .

Bijendra Kumar Deen Son of Prithvi Prasad Yadav resident of village P.O. Mathahi, Block District - Madhepura .

Sarswati Devi Wife of Raj Kishor Kumar resident of village P.O. Manikpur, Block District - Madhepura .

Kumari Vidya Rani Wife of Sunil Kumar resident of village - Navtolia, P.O. Maheshua, Block District - Madhepura .

Nandani Kumari W/o Shyam Kishore Prasad Saran village - Rampur, Block - Murliganj, District - Madhepura .

Ranjana Kumari Wife of Late Ajay Kumar resident of village - Jorgama, P.O. Block - Murliganj, District - Madhepura .

Neelam Kumari D/o Chhote Lal Yadav resident of Rupauli, Block - Singheshwar, District - Madhepura

8/9 .

Shatrughan Paswan Son of Jagdish Paswan resident of village P.O. Tamout Parsa, Block - Murliganj, District - Madhepura .

Renu Kumari D/o Late Jagdish Prasad Yadav resident of Mohalla - Azad Tola, P.O. Block District - Madhepura .

Geeta Kumari Wife of Umesh Kumar resident of village P.O. Block District - Madhepura .

Lalan Rajak Son of Bhupendra Rajak resident of village - Sahugarh Sihpur, P.O. Divani Tola, Block District - Madhepura .

Rameshwar Rajak Son of Bhupendra Rajak resident of village - Sahugarh Sihpur, P.O. Divani Tola, Block District - Madhepura .

Renu Kumari Wife of Naresh Kumar resident of village - Jajahat Kabaila, P.O. Block - Singheshwar, District - Madhepura ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Chief Secretary, Government of Bihar, Patna 2.

The Principal Secretary, Department of General Education, Govt. of Bihar, Patna 3.

The Principal Secretary, Department of General Administration, Govt. of Bihar, Patna The Director, Mass Education, Govt. of Bihar, Patna. 4.

5.

The Director, Mass Education officer, Madhepura 6.

The District Mass Education officer, Katihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

For the Respondent/s :

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 06-11-2019 None has appeared on behalf of the petitioners. However, we find that this petition had been directed to be listed along with Civil Review No. 226 of 2018 which has been disposed of by us today.

In view of the observations made in the order passed

9/9 by us in the aforesaid Review Application with reference to the Division Bench judgment indicated therein, this petition is also consigned to records in the light of the judgment aforesaid. (Amreshwar Pratap Sahi, CJ) (Rajeev Ranjan Prasad, J) P.K.P./- U