Niraj Kumar Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18972 of 2015 ====================================================== Niraj Kumar Mishra Son of Ravindra Mishra Resident of Village Suryapura, P.S.- Basantpur, District Siwan.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

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

3.

The Director, Human Resource Department, Government of Bihar, Patna. 4.

The District Magistrate, Siwan.

5.

The District Education Officer, Siwan.

6.

The District Programme Officer, Siwan.

7.

The Block Development Officer, Block Lakadi Nabiganj, P.S. Basantpur, District Siwan.

8.

The Panchayat Secretary, Block Lakadi Nabiganj, P.S. Basantpur, District Siwan.

9.

The Mukhia, Gram Panchayat Lakadi Nabiganj, P.S. Basantpur, District Siwan.

10.

Jairam Son of Vishwanath Ram, Panchayat Teacher Middle School Madhopur, P.S. Basantpur, District Siwan.

11.

Arun Kumar Son of Birendra Prasad Yadav, Panchayat Teacher, Lakadi, P.S. Basantpur, District Siwan.

12.

Ajay Kumar Sah Son of Gorakh Sah, Panchayat Teacher, Middle School Madhopur, P.S. Basantpur, District Siwan.

13.

Sujanti Kumari Wife of Sachida Nand Prasad, Panchayat Teacher, Lakadi, P.S. Basantpur, District Siwan.

14.

Rajeev Ranjan Kumar Son of Rajendra Roy, Panchayat Teacher Middle School, Madhopur, P.S. Basantpur, District- Siwan. 15.

Dayanand Prasad Son of Chandrika Prasad, Panchayat Teacher Middle School, Dem Padav, P.S. Basantpur, District- Siwan 16.

Sabiha Khatoon Wife of Jamaluddin, Panchayat Teacher Middle School, Madhopur, P.S. Basantpur, District- Siwan.

17.

Bacha Roy, Son of Raghunath Roy, Panchayat Teacher Middle School, Madhopur, P.S. Basantpur, District- Siwan.

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

For the Petitioner/s :

Mr.Ramchandra Sahni For the Respondent/s :

Mr.Gp2- R.K. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

Patna High Court CWJC No.18972 of 2015(3) dt.01-04-2024 2/2 01-04-2024

1. Heard learned Counsel for the parties concerned.

2. The petitioner has filed the present writ application challenging the appointment of respondent nos. 10 to 17 on the ground that they have illegally been appointed ignoring the merit list inasmuch as the petitioner is having higher marks than he respondent nos. 10 to 17.

3. The petitioner has approached this Court without availing the statutory remedy of appeal.

4. In view of the notification, dated 04.01.2024, bearing Memo No. 11, this writ application is disposed with liberty to the petitioner to file an appeal before the Regional Deputy Director Education within a period of one month from today.

5. If such an appeal is filed, the Regional Deputy Director Education shall be obliged to consider the same in accordance with law.

6. Accordingly, the present writ application is disposed with the aforesaid direction (Anil Kumar Sinha, J.) Prabhakar Anand/- U √