Birendra Rai And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2181 of 2015 In Civil Writ Jurisdiction Case No. 8783 of 2001 ======================================================
1. Birendra Rai Son of Shri Surajdeo Rai resident of village - Basudeva, Police Station - Bhorey, District - Gopalganj
2. Rajendra Chaudhary Son of Late Nand Kumar Choudhary resident of village - Balwa Thakurrai, Police Station - Bhorey, District - Gopalganj
3. Harishankar Bhagat Son of Late Tulsi Bhagat resident of village - Bhorey, Darwa Tola, P.S. Bhorey, District - Gopalganj
4. Bashishta Narain Singh Son of Shri Girja Kishore Singh resident of village & P.O. Bhorey Town and District - Gopalganj
5. Subhash Shukla Son of Shri Harihar Shukla resident of village - Naruchak Khan, P.S. Bhorey, District - Gopalganj
6. Rajiva Nain Rai Son of Shri Kashi Rai Resident of village - Sailahpur, P.S. Bhatni, District - Deoria
7. Yadu Nandan Ram Son of Late Kedar Ram Resident of village - Lachhichak, P.S. Bhorey, District - Gopalganj
8. Ashok Kumar Son of Shri Ram Sanehi Resident of village and P.S. Bhorey, District - Gopalganj
9. Ramayan Sah Son of Shri Rajbanshi Sah resident of village and Police Station Bhorey, District - Gopalganj
10. Hare Krishna Rai Son of Late Bahoran Rai resident of village - Chak Khan Khas, Police Station Bhorey, District - Gopalganj
11. Shatrughan Pandey Son of Shri Algu Pandey resident of village - Raibari, Police Station - Khanpur, District - Deoria
12. Ramashray Yadav Son of Shri Yamuna Chaudhary resident of village - Raibari, Police Station - Khanpur Town and District - Deoria .... .... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Human Resources Development Department, New Secretariat, Vikas Bhawan, Patna
2. Sri Amar Jeet Sinha name of father not Known, Principal Secretary, Human Resources Development Department, New Secretariat Vikas Bhawan, Patna
3. Sri Sanjivan Sinha name of father not Known, Joint Secretary, Human Resources Development, New Secretariat Vikas Bhawan, Patna
4. Sri Shyaram Singh name of father not Known, the Director, Higher Education, Human Resources Development Department, New Secretariat, Vikas Bhawan, Patna
5. Sri Vijay Pratap Kumar, name of father not Known, the Registrar, Jai Prakash University, Chapra
6. Sri Nivas Dubey name of father not Known the Vice Chancellor, Jai Prakash University, Chapra
7. Sri Pushp Raj Gautam, name of father not Known, the Principal Bhola Prasad Singh College, Bhoey, Gopalganj .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Nazir Ansari For the Respondent/s : Mr. M. K. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-04-2016 I have perused the show cause reply filed on behalf of the Opposite party No.1. Annexure-H has been brought on record which is an order issued vide memo No. 2457 dated 23.12.2015 passed by the Principal Secretary, Education Department, Government of Bihar. An order is said to have been passed in compliance of this court's order dated 25.06.2014, violation of which has been complained of, in the present application. Mr. R. N. Mukhopadhyay, learned counsel appearing on behalf of the petitioner has submitted that passing of the order dated 23.12.2015 cannot be said to be in full compliance of this Court's order as some of the observations made by this Court have not been followed by the Principal Secretary, Education Department, while passing the order.
I have perused the said order dated 23.12.2015. I do not find that any observations made by this Court in the order dated 25.06.2014 has been violated or not followed. In my view, this Court's order dated 25.06.2014 stands complied with, with the issuance of the order dated 23.12.2015 passed by the Principal Secretary, Education Department,
Government of Bihar. No case for deliberate disobedience of this Court's order is, therefore, made out.
This application is, accordingly, dismissed.
It goes without saying that the petitioner's shall have the liberty to question the legality of the said order dated 23.12.2015 in an appropriate proceeding.
(Chakradhari Sharan Singh, J) ArunKumar/- U