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Patna High CourtCWJC/16428/2015dismissed

Raj Mohamad Mian v. The State Of Bihar And ORS

2023-02-24Mr. Justice Sanjeev Prakash Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16428 of 2015 ====================================================== Raj Mohamad Mian, Son of Late Sahdul Mian, resident of Village- Musepur Post Gopalpur P.S. Basantpur District Siwan.

... ... Petitioner/s

Versus

1.

The State of Bihar throuhg the Secretary, Secondary Education, Government of Bihar, Patna.

2.

The District Magistrate, Siwan.

3.

The District Education Officer, Siwan.

4.

The District Programme Officer (Establishment) Siwan. 5.

The Block Development Officer, Block Lakari Nawiganj District Siwan. 6.

The Block Education Officer, Block Lakari Nawiganj District Siwan. 7.

The Secretary, Gram Panchayat Raj, Jagatpur Block Lakari Nawiganj District Siwan.

8.

The Headmaster Rajkiya Prathmik Vidyalaya (Government Primary School), Shahadipatti, Gram Panchayat Raj, Jagatpur, Block Basantpur, DistrictSiwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anirudh Kumar Sinha, Advocate For the Respondent/s :

Ms, Babita Kumari, AC to SC.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 24-02-2023 No one appears on behalf of the petitioner.

2. The petitioner by way of this writ petition has prayed as under:

"1. That the petitioner seeks indulgence of this Hon'ble Court for issuance of a writ in the nature of mandamus for commanding and directing to the respondents concern to accept joining of the petitioner on the post of Shiksha Mitra now Panchayat Sikshak since he is duly selected for the post and joining letter issued to petitioner but the respondent no.8 the Headmaster of Government Primary School,

Patna High Court CWJC No.16428 of 2015(2) dt.24-02-2023 2/2 Shahadipatti refused to accept joining, stating that there is no vacancy in his school."

3. It is stated by learned counsel for the petitioner that he had participated in the selection process for the post of Shiksha Mitra in 2005 but was not allowed to join on the ground that there was no vacancy in the school where he was directed to join. It was the case of the petitioner that he has been praying to the authorities to allow him to join since then continuously. However, this Court finds that the petitioner has not taken up the matter in any Court of law for a long period of ten years and thereafter, he has filed the writ petition, which suffers from gross laches and delay.

4. The writ petition stands dismissed accordingly. (Sanjeev Prakash Sharma, J) P. Kumar Item No. 35 U