Chandra Shekhar Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6424 of 2023 ====================================================== 1.

Chandra Shekhar Kumar Singh Son of Bijendra Prasad Singh, Resident of Village and P.O.-Hasanpur, P.S.-Hasanpur, District-Samastipur. 2.

Rajiv Kumar Singh Son of Sukendra Kumar Singh, Resident of VillageRasalpur, P.O.-Chamar Bigha, Police Station-Hilsa, District-Nalanda. ... ... Petitioner/s

Versus

1.

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

2.

The Director, Secondary Education, Bihar, Patna. 3.

The District Magistrate, Darbhanga.

4.

The Deputy Development Commissioner cum Executive Officer, Zila Parishad, Teacher Niyojan Unit, Darbhanga.

5.

The Chief Executive Officer, Zila Parishad Teacher Niyojan Unit, Darbhanga.

6.

The District Education Officer, Darbhanga.

7.

The District Programme Officer (Establishment) cum Member, Niyojan Unit, Darbhanga.

8.

Mr. Rajesh Ranjan son of Brajendra Prasad Posted as Teacher at Sonepur, Biraul.

9.

Kumari Manisha Daughter of Niraj Narayan Chaudhary Posted as Teacher at Kabirchak.

10.

Manisha Kumari Daughter of Amarnath Jha, Posted as Dilawarpur, Bahadurpur.

11.

Madhav Kumar Jha, son of Kedar Nath Jha, Posted as Teacher at Dumri, Biraul.

12.

Kalpana Kumari Daughter of Rameshwar Pandey, Posted as Teacher at Bharadi, Singhwara.

13.

Anupriya Daughter of Arwind Kumar Sinha Posted as Teacher at Sidhauli, Hayaghat.

14.

Deepmala Kumari Daughter of Ramesh Prasad Gupta, Posted as Hathauri, Uttri Baheri.

15.

Kumari Rupam Daughter of Bidyanand Prasad, Posted as Teacher at Chotaipatti Sadar.

16.

Pushpa Kumari Daughter of Jai Narayan Mehta, Posted as Teacher Bijri Sadar.

17.

Sunita Kumari Daughter of Ramraji Jha, Posted as Teacher at Gothani, Kusheshwarasthan.

18.

Ritu Kumari Daughter of Shatrudhan Prasad Chaudhary, Posted as Teacher at Kharajpur, Bahadurpur.

2/5 19.

Bandana Kumari Daughter of Sheo Shankar Prasad Mahto, Posted as Teacher at Rustampur, Hayaghat.

20.

Parwati Kumari, daughter of Tarkeshwar Mishra, Posted as Teacher at Nayagaon Pachimi Kewati.

21.

Manisha Kumari Daughter of Ganga Prasad, Posted as Teacher at Baheri Pachimi, Baheri.

22.

Malwika Rani Daughter of Awadh Kishore Sahni, Posted as Teacher at Shisho Pachimi.

23.

Dolly Kumari Daughter of Mahesh Kumar Chaudhary, Posted as Teacher at Jale Uttri, Jale.

24.

Punam Kumari Jha Daughter of Satya Narayan Jha, Posted as Teacher at Singhwara Uttri, Singhwara.

25.

Punam Kumari, Daughter of Sheo Kumar Karunakar Posted as Teacher at Pirari Urdu, Bahadurpur.

26.

Kumari Sujata Daughter of Vishnudeo Prasad Posted as Teacher at Uchchti, Biraul.

27.

Nitu Kumari Daughter of Ramdeo Poddar, Posted as Teacher at Sirniya Purvi, Hayaghat.

28.

Rahul Paswan, son of Chethru Paswan, Posted as Teacher at Rupnagar, Biraul.

29.

Rupesh Kumar Ranjan Daughter of Shailendra Chaudhary, Posted as Teacher at Chandanpatti, Hayaghat.

30.

Mukesh Kumar son of Ramlakhan Mahto, Posted as Teacher at Simra Nehalpur, Bahadurpur.

31.

Jaibind Kumar son of Sheonarayan Prasad Yadav, Posted as Teacher at Jamarpur, Kiratpur.

32.

Rakesh Kumar son of Sukdeo Sah, Posted as Teacher at Supaul, Biraul. 33.

Manish Kumar Das, son of Murari Das, Posted as Teacher at Malhipatti, Hayaghat.

34.

Chandan Kumar, son of Sheoshankar Malakar, Posted as Teacher at Baligaon, Baheri.

35.

Suraj Kumar, son of Vishnudeo Kumar Nirala, Posted as Teacher at Dekuli, Bahadurpur.

36.

Virendra Kumar son of Chichhu Mandal, Posted as Teacher at Jorja, Baheri. 37.

Vimlesh Kumar son of Kamlesh Jha, Posted as Teacher at Raje, Manigachhi. 38.

Md. Hasnain son of Rejazur Rahman, Posted as Teacher at Sahbazpur, Sadar. 39.

Deo Prasad Yadav son of Musarhru Yadav, Posted as Teacher at Ujjan, Manigachhi.

40.

Ramchandrda Prasad Yadav son of Mahenddra Prasad Yadav Posted as Teacher at Nayagaon Purvi Kewati.

41.

Dilip Kumar Diwakar son of Bhola Prasad, posted as Teacher at Bithauli, Baheri.

3/5 42.

Bablu Kumar son of Suraj Ram, posted as Teacher at Enai, Baheri. 43.

Pawan Kumar, son of Krishna Prasad, posted as Teacher at Shisho Purvi, Makhnahi.

44.

Dipak Kumar son of Rajendra Chaudhary, posted as Teacher at Derhiya Belwara, Jale.

45.

Surendra Kumar Yadav, son of Ganga Prasad Yadav, posted as Teacher at Thengha, Tardih.

46.

Virendra Kumar Verma, son of Ram Naresh Yadav, posted as Teacher at Jalwara, Kewati.

47.

Amar Kumar Kamat, son of Ram Prasad Kamat, posted as Teacher at Bajitpur, Manigachhi.

48.

Manoj Kumar Sahu, son of Harilal Sahu, posted as Teacher at Tumaul, Alinagar.

49.

Parmeshwar Sada, son of Sidhalal Sada, posted as Teacher at Sonki Sadar. 50.

Gautam Kumar, son of Gauri Shankar Prasad, posted as Teacher at Simra, Nehalpur.

51.

Binod Kumar Yadav, son of Ramchandra Prasad Yadav, posted at Bhindua, Kusheshwarasthan.

52.

Chandan Kumar Chaudhary, son of Ramanand Chaudhary, posted as Teacher at Srirampur, Hayaghat.

53.

Chandan Kumar son of Ramnath Rai, posted as Teacher at Gangdah Shivram, Baheri.

54.

Rajiv Kumar Ranjan son of Nunulal Sada, posted as Teacher at Baghauni, Baheri.

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

For the Petitioner/s :

Mr. Manoj Kumar , Advocate For the Respondent/s :

Mr. Jitendra Kr. Roy 1 (Sc13) Mr. Hitesh Suman, AC to SC 13 For Zila Parishad :

Mr. Vivek Prasad , Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-11-2024 Heard learned counsel for the parties.

2. The present writ application has been filed for setting aside the Selection list which was prepared on basis of counselling held on 23/8/2022 in the district of Darbhanga . 3 . At the outset, learned counsel for the State appears

4/5 and raises preliminary objection with regard to the maintainability of this writ application on the ground that petitioner has got alternative remedy before the District Appellate Authority. He further submits that no reason has been assigned, as to why this writ application shall be heard by this Hon'ble High Court, even when alternative remedy to move before the District Appellate Authority is available to the petitioner.

4. Learned counsel for the petitioners is not in a position to dispute the contentions made on behalf of the State . 5 . Considering the aforesaid facts and circumstances, this writ petition is disposed of with direction to petitioner to move before the District Appellate Authority by filing appeal and the concerned District Appellate Authority is directed to proceed in the matter and dispose of the same in accordance with law after hearing the parties, preferably within a period of six months thereafter.

6. With the aforesaid observations and directions, this writ application is disposed of.

7. It goes without saying that if any question of limitation arises before the competent authority, the same shall be considered, taking into consideration the fact that the

5/5 petitioner was pursuing the issue before this Court. (Prabhat Kumar Singh, J) Koushik/- U