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Patna High CourtCWJC/23015/2013dismissed

Himanshu Gyan Anand Gaurav v. The State Of Bihar And ORS

2015-01-08Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23015 of 2013 ======================================================

1. Himanshu Gyan Anand Gaurav Son Of Shri Nagendra Singh Resident Of Village O. Bishawania , Police Station - Darauli, District - Siwan, Assistant Teacher, At Present Posted And Working As Block Resources Centre Coordinator (Social Science) Darauli, Anchal - Darauli, District - Siwan .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Principal Secretary, Education Department, Government Of Bihar, Patna

3. The State Project Director, Bihar Education Project Council, Shiksha Bhawan, 2nd Floor, Rashtra Bhasha Parishad, Saidpur, Rajendra Nagar, Patna

4. The Director (Research And Training), Research And Training Directorate, Department Of Education, Govt. Of Bihar, Patna

5. The Director, Bihar Education Project Council, Shiksha Bhawan, Rashtra Bhasha Parishad, Saidpur, Rajendra Nagar, Patna

6. The District Magistrate, Siwan

7. The Regional Deputy Director Of Education, Saran Division, Chapra

8. The District Education Officer, Siwan

9. The District Programme Officer, Primary Education And Sarv Shiksha Abhiyan Siwan

10. The District Programme Officer, Bihar Education Project, Siwan

11. The Principal, District Education And Training Institute, Siwan

12. The Block Education Officer, Darauli, District - Siwan

13. Dr. Awadhesh Yadav, Assistant Teacher, Govt Adarsh Kanya Middle School, Darauli, Anchal - Darauli, District - Siwan .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Kumar Mishra For the Respondent/s : Mr. Prashant Kumar For the Respondent BEPC:

Mr. Giryesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER *************** 02.

08.01.2015 Heard learned counsel for the parties.

Writ application is dismissed on the sole ground that the impugned order, contained in Annexure7 seems to be a fall out of an adjudication made by the Hon'ble High Court in C.W.J.C. No. 14440 of 2013, contained in Annexure-A.

Patna High Court CWJC No.23015 of 2013 (2) dt.08-01-2015 2/2 The stand of the counsel for the petitioner is that since he was not a party, therefore, he cannot be bound by such a decision Unfortunately, for the petitioner, a judicial order cannot be allowed, not to have its effect, and the respondents cannot overlook such direction.

Petitioner, however, has remedy available to him under law. No interference is warranted with Annexure-7.

Writ application is dismissed with observation as above.

(Ajay Kumar Tripathi, J.) SKM/- U