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Patna High CourtCWJC/6860/2023disposed

Pramod Paswan v. The Union Of India

2024-11-14Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6860 of 2023 ====================================================== Pramod Paswan S/o Shankar Paswan Resident of Mohalla-Ward no.5, Panchayat Domath, P.S.-Bishunpurwa, District-West Champaran. ... ... Petitioner/s

Versus

1.

The Union of India through its Secretary, Ministry of Human resources Departemnt, Government of India, New Delhi.

2.

The Secretary, Ministry of Human Resources Department, Government of India, New Delhi.

3.

The Additional Secretary, Ministry of Human resources Department, Government of India, New Delhi.

4.

The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna.

5.

The Chairman, National Institute of Open Schooling, A 24-25, Institutional Area, Sector 62, NOIDA, Gautam Buddha Nagar, Uttar Pradesh-201309. 6.

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

7.

The Director, Primary education Department, Government of Bihar, Patna. 8.

The Regional Director, National Institute of Open Schooling, Patna. 9.

The District Education Officer, West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Saurav Singh, Advocate For the Respondent/s :

Mr. Manoj Kr. Singh, CGC for NIOS ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-11-2024 Heard learned counsel for the petitioner and learned counsel appearing on behalf of Union of India.

2. This writ application has been filed for following reliefs:- "(i) For the issuance of writ/writs, order/orders in the nature of mandamus directing the Chairman, National Institute of Open Schooling (NIOS) to recheck and reevaluate the copy of petitioner for the examination D.El.Ed

Patna High Court CWJC No.6860 of 2023(2) dt.14-11-2024 2/3 (untrained in service teacher) being subject code 507 (Community and Elementary Education) in which he has been given 24 marks only.

(ii) For issuance of writ/writs, order orders in the nature of mandamus directing the respondent authorities to stay the removal of the petitioner from his service till the finalization of result by NIOS, (iii) For issuance of writ/ writs, order/orders to directing the Respondent no. 8 to dispose of representation of the petitioner after proper enquiry.

(iv) For issuance of writ/ writs, order/orders directing the concerned authorities to verify the result of the petitioner.

(v) For issuance of writ/ writs, order/orders directing the concerned authorities to for any other relief to be granted to the petitioner."

3. Learned counsel for the petitioner submits that in this regard, petitioner has filed representation on 27.02.2023 before the respondent no. 8 / Regional Director, NIOS, Patna, vide Annexure - 10, but till date, no order has been communicated to him by the concerned respondent and as such, he requests for disposal of present writ petition with direction to concerned respondent to dispose of his representation, which has been filed on 27.02.2023 (Annexure - 10 to the writ

Patna High Court CWJC No.6860 of 2023(2) dt.14-11-2024 3/3 petition).

4. In view of limited prayer made on behalf of petitioner, this writ petition is disposed of directing the concerned respondent i.e. respondent no. 8/ Regional Director, NIOS, Patna to examine the representation of petitioner (Annexure - 10) and pass a reasoned & speaking order after hearing the parties in accordance with law within a period of three months from the date of receipt / production of copy of this order.

5. With above observation and direction, the writ petition stands disposed of.

(Prabhat Kumar Singh, J) anay U