Shri Ram Rai And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13938 of 2015 ====================================================== 1.

Shri Ram Rai and Ors S/o Sri Hriday Narain Rai 2.

Rita Rai D/o Paras Rai 3.

Binod Kaushal S/o Sri Hriday Narain Rai All are residents of Village and Post - Chandwa, near J.J. College, Ara Bhojpur, P.S. - Ara, District - Bhojpur.

4.

Rita Kumari D/o Rajnath Rai resident of village - Chandwa, P.S. - Ara, District - Bhojpur.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Secretary cum Commissioner H.R.D. Deptt. Govt. of Bihar, Patna. 3.

The Director of Primary and Secondary Education, Govt. of Bihar, Patna. 4.

The District Education Officer, Buxar at Buxar. 5.

The District Superintendent of Education, Buxar. 6.

The B.E.E.O. Kesath, District - Buxar.

7.

The Bhartiya Shiksha Parishad Uttar Pradesh through its Director, Bharat Bhawan, Matiyari Chinhat, 8.

District Appellate Authority, Buxar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar, Adv.

For the Respondent/s :

Mr. P.K. Singh, SC 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 21-12-2022

1. The petitioner by way of his writ petition has prayed as under:

"(I) To direct the respondents to appoint the petitoners treating them as trained teachers under the Rules framed for the appointment of teachers in the year 2006 as they have secured higher positions in the merit list for the appointments of teachers.

(II) To declare that no executive order can

Patna High Court CWJC No.13938 of 2015(2) dt.21-12-2022 2/2 over vide the decisions given by Judicial Pronouncement.

(III) to direct the respondents for issuance of appointment letters for the posts of Block level teachers keeping in view the Principles laid down in Judicial pronouncements and as well as the Principals of natural Justice. (IV) to issue any other order which yours lordships think just and proper."

2. The selection process is of the year 2006, by efflux of time , no relief can be granted to the petitioner in relation to selection of 2006 in 2022 as thereafter, subsequent selections have been made. Rules relating to appointment of teachers have also been changed.

3. Moreover, this petition has been filed in 2015 relating to serve selection of 2006.

4. In view of above, writ petition is dismissed as having become otiose and also on the ground of delay and laches.

(Sanjeev Prakash Sharma, J) Suraj/- Item No. 32 U