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Patna High CourtCWJC/11707/2019disposed

Jain Kumar Pandey v. The State Of Bihar

2019-07-30Mr. Justice Jyoti Saran,Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11707 of 2019 ====================================================== Jain Kumar Pandey (male, 34 years), Son of Raghubansh Pandey, Resident of Ward 13, Ram Rekha Ghat, District- Buxar.

... ... Petitioner

Versus

1.

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

The Principal Secretary Human Resource Department, Government of Bihar, Patna.

3.

The Pricipal Secretary Finance Department, Government of Bihar, Patna. 4.

The Additional Chief Secretary Department of Education Government of Bihar, Patna.

5.

The District Magistrate Buxar cum The Chairman, District Compassionate Appointment Committee.

6.

District Education Officer Buxar.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Ms. Pushpa Sinha For the Respondent/s :

Mr.Prabhakar Jha ( Gp27 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 30-07-2019 Heard the parties.

Although the validity of Rules 10 and 12 of the Bihar Panchayat Primary Teachers (Employment and Service Conditions) Rules, 2006 is put to question on its constitutional validity but when taken up Ms. Mayuri, learned counsel appearing for the petitioner fairly informs that this issue came up for consideration before the Supreme Court in Civil Appeal No. 4862 of 2019 (State of Bihar v. Bihar Secondary

Patna High Court CWJC No.11707 of 2019(2) dt.30-07-2019 2/2 Teachers Struggle Committee, Munger) and the validity of the Rules in its entirety has been upheld.

In such view of the matter, the challenge raised in this writ petition has been rendered infructuous and the writ petition is disposed of accordingly.

(Jyoti Saran, J) ( Partha Sarthy, J) Surendra/- U