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Patna High CourtCWJC/5708/2025disposed

Rahul Kumar v. The State Of Bihar

2025-04-08Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5708 of 2025 ====================================================== Rahul Kumar S/o- Mithilesh Kumar Jha R/o Village- Bhatauli Desri, Ward No.- 12, Khargpur Bhatauli, District- Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Commissioner Cum Secretary, Education Department, Government of Bihar, New Secretariat, Patna. 2.

The Director (Primary Education), Education Department, Government of Bihar, New Secretariat, Patna.

3.

The District Magistrate, Vaishali.

4.

The District Education Officer, Vaishali.

5.

The District Program Officer, (Establishment), Vaishali. 6.

The Block Development Officer, Bidupur, Vaishali. 7.

The Block Education Officer, Bidupur, Vaishali. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Bhushan Kumar, Advocate For the Respondent/s :

Mr. Md. Harun Quareshi, AC to SC 01 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 08-04-2025 Heard Mr. Shashi Bhushan Kumar, learned counsel appearing on behalf of the petitioner and Mr. Md. Harun Quareshi, learned AC to SC 01 for the State.

2. Petitioner has inter alia prayed for following reliefs in the paragraphs No.1 of the writ petition:- "I. To quash the memo no. 854 dated 12.06.2021 issued by the block development officer, Bidupur, whereby and whereunder the application of compassionate appointment has been rejected on the grounds he has not hold illegibility criteria of appointment as a basis grade block teacher. A copy of memo dated 12.06.2021 is annexed herewith and marked as Annexure-P/1 to this petition.

II. To further direct the respondent authority to appoint the petitioner on compassionate grounds

Patna High Court CWJC No.5708 of 2025(2) dt.08-04-2025 2/2 as per rule/guideline issued by the state government.

And/or any other appropriate relief(s) to the petitioner for which they may found entitle to in the eye of law."

3. Learned counsel appearing on behalf of the petitioner seeks to prefer appeal before the District Appellate Authority, against the order dated 12.06.2021, passed by the Block Development Officer, Bidupur, Vaishali.

4. Accordingly, the present writ petition stands disposed of with a liberty to the petitioner to prefer appeal before the District Appellate Authority, Vaishali.

5. The District Appellate Authority, Vaishali, must consider to condone delay, if any, in filing of the appeal, considering the fact that the entire world was affected by the Covid-19 pandemic and the writ petition was filed in the year 2021 during which period several advisories were issued by the Central Government and the State Government, as well as, by this Court.

(Purnendu Singh, J.) Ashishsingh/- U