Anil Kumar, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10286 of 2019 ====================================================== 1.

Anil Kumar, Son of Late Shivendra Prasad Singh, Resident of Village Husena Raghva, Post- Balukaram, Husaina Ragho, P.S. Vaishali, DistrictVaishali. 2.

Afroj Alam, Son of Late Muhammad Daud, Resident of Village Mahpur, Bishunpur, Khetal, P.S.- Bochaha, District- Muzaffarpur. 3.

Mohammad Javed, Son of Late Muhammad Ayub, Resident of Village Chak Ajmeri, Ward No. 16, P.S. Chandanpatti, District- Muzaffarpur. 4.

Ragib Reza, Son of Late Ahmed Reza, Resident of Village Rajapur Dihuli, P.S. Sakara, District- Muzaffarpur.

5.

Sanjay Kumar Diwakar, Son of Late Ramashish Bhakta, Resident of Rupauli, P.S.- Rupauli, District- Muzaffarpur. 6.

Lalan Kumar Singh, Son of late Ramsagar Singh, Resident of Marawapakar, Majhwapakar, P.S.- Muzaffarpur, District- Muzaffarpur. 7.

Sunil Kumar Pathak, Son of Late Joginder Pathak, resident of Village Dharphari, P.S. Dharphari, District- Muzaffarpur. 8.

Santosh Kumar Son of Late Thakur Ram Krishna Sharma, Resident of Village Siho, P.S.- Siho, District Muzaffarpur. 9.

Abdul Qadir Siddiqui, Son of Late Abdul Rub Siddiqui, Resident of Village Sadpura, P.S. Kaji Mohammadpur, District- Muzaffarpur. 10.

Anil Kumar, Son of Late Nageshwar Singh, Resident of Village and P.O. Sirsiya Jagdish, P.S.- Kathaiya, District Muzaffarpur. 11.

Raj Kishore Kumar, Son of late Sita Ram Prasad Singh, Resident of Village Sahpurpatti, P.S. Sahpurputti, District- Muzaffarpur. 12.

Raj Kishore Singh, Son of Late Surendra Prasad Singh, Resident of VillagePachra Gote, P.O. Hirma, P.S. Tariyani, District- Sheohar. 13.

Manoj Kumar Choudhary, Son of Late Raj Kumar Choudhary, Resident of Village Chhajan Hari Rai Tola, P.O. Chhajan Har Shankar, P.S. Kurhani, District- Muzaffarpur.

14.

Manish Ranjan, Son of Late Kapildeo Prasad Singh, Resident of Village Mohammadpur Damodar, P.O. Mohammadpur Badal, P.S.- Muraul, DistrictMuzaffarpur. 15.

Shambhu Kumar, Son of Late Madhusudan Shahi, Resident of VillageRampur North, P.O.- Korlahiya, P.S. Hathauri, District- Muzaffarpur. 16.

Basant Kumar, Son of Late Harendra Prasad Singh, Resident of Village Bishunpur Jai Narayan, P.O. Khutahi Bhataulia, P.S. Paroo, DistrictMuzaffarpur. 17.

Priti Priya, Wife of Binit Kumar Singh and daughter of Late Kumari Kishori Shahi, Resident of Mohalla- Sri Nagar, Basti, Gobarsahi Chok Lane No. 8, Bhagwanpur, P.S. Muzaffarpur Sadar, District- Muzaffarpur. 18.

Mritunjay Mani, Son of Late Sanjay Kumar, Resident of Village- Borwara, P.O. Bhatauna, P.S. Karja, District Muzaffarpur.

2/4 19.

Kundan Kumar Kanhaiya, Son of Late Bansidhar Sinha, Resident of Village Saraiya, P.S.- Saraiya, District- Muzaffarpur. 20.

Santosh Kumar, Son of Late Baldev Bhagat, Resident of Amrakh, Amarakh, P.S. Muzaffarpur, District- Muzaffarpur.

21.

Sanjeev Kumar Jha, Son of Late Kalanath Jha, Resident of Village Gram Samar, Ward No. 7, Madsudanpur, Dumri, Mahisautha, P.S. Nanpur, District- Sitamarhi.

22.

Zaki Ashraf, Son of Late Md. Zahirul Islam, Village Benibad Ward No. 15, NH-57, Near Benibad School, Post Benibad, P.S. Gaighat, Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Education Department, Government of Bihar, Patna.

3.

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

The Joint Secretary, Education Department, Government of Bihar, Patna. 5.

The District Magistrate, Muzaffarpur.

6.

The Special Secretary Education Department, Government of Bihar, Patna. 7.

The District Education Officer, Muzaffarpur.

8.

The District Programme Officer (est.), Muzaffarpur. 9.

The Block Development Officer, Muzaffarpur Sadar, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Prakash Verma, Advocate For the Respondent/s :

Mr. Prabhakar Jha, GP-27 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-04-2025

1. Heard learned counsel for the petitioners and learned AC to GP-27 for the State.

2. Learned counsel for the petitioners submits that the case was taken up on 22.11.2019 when a learned Coordinate Bench of this Court had directed this case to be listed after disposal of C.W.J.C. No. 15626 of 2019. It is further submitted that C.W.J.C. No. 15626 of 2019 (Chandra Shekhar Azad & Ors. Vs. The State of Bihar & Ors.) was allowed by an order dated

3/4 14.09.2020. Learned counsel further submits that the case of the petitioners is squarely covered by the order dated 14.09.2020 in C.W.J.C. No. 15626 of 2019. It is, thus, submitted that petitioners would be satisfied if the instant writ application is disposed of in terms of the order dated 14.09.2020 in C.W.J.C. No. 15626 of 2019.

3. Learned counsel appearing on behalf of the State does not object to the said submission made by the learned counsel appearing on behalf of the petitioners and submits that if the writ application is disposed of in terms of the order dated 14.09.2020 in C.W.J.C. No. 15626 of 2019 in that event the petitioners will have to file a representation before the District Education Officer, Muzaffarpur and the District Education Officer, Muzaffarpur will examine as to whether the case of the petitioners is covered by the order dated 14.09.2020 in C.W.J.C. No. 15626 of 2019.

4. The learned counsel for the petitioners does not object the said submission of the learned counsel appearing on behalf of the State.

5. Without going into the merits of the case, the instant writ application in view of the submissions made by the learned counsel for the petitioners is disposed of in terms of the

4/4 order dated 14.09.2020 in C.W.J.C. No. 15626 of 2019 Chandra Shekhar Azad (supra) with liberty to the petitioners to file a representation before the District Education Officer, Muzaffarpur in terms of the order dated 14.09.2020 in C.W.J.C. No. 15626 of 2019 on or before 02.05.2025 and in the event if any representation is filed by the petitioners before the District Education Officer, Muzaffarpur on or before 02.05.2025, the District Education Officer, Muzaffarpur shall examine the same within a period of one month thereafter and if it is found that the case of the petitioners is covered by order dated 14.09.2020 in C.W.J.C. No. 15626 of 2019, in that event, the same treatment shall be accorded to the petitioners within a period of fifteen days from the date the decision is taken by the District Education Officer, Muzaffarpur but if it is found that the case of the petitioners is not covered by the order dated 14.09.2020 in C.W.J.C. No. 15626 of 2019, the District Education Officer, Muzaffarpur shall pass a speaking order within the aforesaid period.

(Satyavrat Verma, J) Kundan/- U