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Patna High CourtCWJC/21011/2013allowed

Ghan Shyam Prasad Dixit v. The State Of Bihar And ORS

2015-01-07Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21011 of 2013 ======================================================

1. Ghan Shyam Prasad Dixit Son Of Late Sharda Prasad Dixit Resident Of Village - Pariawana, Police Station - Noorsarai, District - Nalanda .... .... Petitioner/s

Versus

1. The State Of Bihar through The Chief Secretary, Patna, Bihar

2. The Director Secondary Education, Patna

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

4. The Regional Deputy Director Education, Munger

5. The District Education Officer, Jamui

6. The Principal, Pariyojana Kamini Balika Uchch Vidyalaya, Malaypur, Jamui .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pranav Kumar For the Respondent/s : Mr. Swapnil Kumar Singh AC to GP 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 07-01-2015 The reason for non- regularization and confirmation of service of the petitioner as an Assistant Teacher in the concerned Project School is said to be he being engaged despite being overage.

To cut short the matter, counsel for the petitioner relies on a decision rendered in CWJC No.18860 of 2011 and other analogous cases, decided on 4.4.2012 as well as some other decisions rendered on identical circumstances by some other Benches as well.

For the reasons indicated in the said order dated 4.4.2012, the impugned Annexure- 10 is quashed insofar as it relates to the present petitioner. The Director, Secondary

Patna High Court CWJC No.21011 of 2013 (4) dt.07-01-2015 2/2 Education is directed to pass a fresh order keeping in mind the decision rendered by this Bench in previous similar disputes and adjudication including the decision rendered in CWJC No.18860 of 2011, which was the case of Uma Chaturvedi. Writ is allowed.

(Ajay Kumar Tripathi, J) sk U