Rabindra Chandra Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1025 of 2024 In Civil Writ Jurisdiction Case No.18167 of 2021 ====================================================== 1.

Rabindra chandra Roy Son of Nityanand Roy, Resident of Village and P.O. Khazraitha, P.O.-Parbatta, District-Khagaria, At present Lecturer in Sanskrit Department, Sant Binoba Inter College, Bharatkhand, Khagaria. 2.

Arbind Kumar Singh, son of Late Sukhdeo Prasad Singh, Resident of Village-Bharatkhand Deorhi, Police Station-Parbatta, District-Khagaria. 3.

Jawahar Singh, son of Late Awadh Prasad Singh, At and P.O.-Parihera, P.S.- Parihara, District-Khagaria (Bihar) At present Lab-boy (Home Science), Sant Binoba Inter College, Bharatkhand, District-Khagaria. 4.

Bishwa Mohan Singh, son of Jitesdhwar Singh, Resident of At and P.O.- Garhpura, P.S. Garhpura, District-Begusarai, Bihar, At present Lecturer in History Department, Sant Binoba Inter College, Bharatkhand, DistrictKhagaria. 5.

Nawal Kishor Singh, son of Hira Prasad Singh, At Rampatti, P.O. and P.S.- Singheshwar, District Madhepura, At present Lecturer in Maithly Department, Sant Binoba Inter College, Bharatkhand, District-Khagaria. 6.

Bijay Kumar Singh @ Vijay Kumar Singh, son of Late Damodar Singh, At and P.O.-Damgiri, P.S. Saur Basar, District Saharsa. At present Lecturer in Economics Department, At Binoba Inter College, Bharatkhand, P.O. Bharatkhand, P.S. Parbatta, District-Khagaria. 7.

Anmol Kumar Singh, son of Late Raghuraj Bahadur Singh, At Mohalla Jai Prakash Nagar, Near Dr. Muslim, P.O. and P.S. and District-Khagaria. At present Cashier, Sant Binoba Inter College, Bharatkhand, District-Khagaria. ... ... Petitioner/s

Versus

1.

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

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

3.

The Director, Higher Education, Government of Bihar, Patna. 4.

The Senior Secondary Bihar School Board Bihar, Patna through its Chairman.

5.

The Secretary, Bihar School Examination Board (Senior Secondary), Bihar, Patna.

6.

The District Magistrate, Khagaria.

7.

The District Education Officer, Khagaria.

8.

Sri Braj Bhushan Mishra, s/o Late Dilip Narayan Mishra, Village and PostBharatkhand (Naya Niwas), P.S. Parvatta, District-Khagaria and Incharge Principal-cum-Secretary Sant Binova Inter College, Bharatkhand, Parvatta, Police Station Parbatta, District Khagaria.

9.

Raghubansh Narayan Singh, son of Late Dasharath Prasad Singh, Resident

Patna High Court MJC No.1025 of 2024(3) dt.12-07-2024 2/3 of Village and Post Bahratkhand Deorhi, Police Station-Parvatta, DistrictKhagaria, Pin Code 853203. 10.

Haldhar Prasad Singh, son of Late Dasharath Prasad Singh, Resident of Village and Post Bahratkhand Deorhi, Police Station-Parvatta, DistrictKhagaria, Pin Code 853203. 11.

Jata Shankar Singh, son of Haridwar Singh, Resident of Village-Sardiha, P.O.-Sardiha, P.S.-Simari Bakhtiyarpur, District-Saharsa, In-charge Principal.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Rajpati, Advocate For the Opposite Party/s :

Mr.Jitendra Kr. Roy-1, SC 13 :

Mr. U.K. Singh, AC to SC 13 For B.S.E.B.

:

Mr. Gyan Shankar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-07-2024 1.

Heard learned counsel for the parties concerned. 2.

The present petition has been filed for restoration of C.W.J.C. No. 18167 of 2021, which has stood dismissed on account of non compliance of the peremptory order dated 18.12.2023.

3.

Learned counsel for the petitioners submits that the peremptory order dated 18.12.2023 has been complied and requisites has been filed for service of notice upon respondent no. 11. As far as respondents no. 8 and 9 are concerned, jointness affidavit has been filed but after expiry of the peremptory time, granted by this Court, hence, a sympathetic view may be taken and the aforesaid writ application be restored to its original file.

4.

Having regard to the facts and circumstances of the

Patna High Court MJC No.1025 of 2024(3) dt.12-07-2024 3/3 case, considering the submissions made by the learned counsel for the petitioner as also taking into account the averments made in the present petition, I deem it fit and appropriate to restore the aforesaid writ petition bearing C.W.J.C. no. 18167 of 2021 to its original file, subject to verification by the office. 5.

The present petition stands allowed.

(Anil Kumar Sinha, J) rinkee/- U