Kumari Suman v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22085 of 2013 =========================================================== Kumari Suman Wife of Dileep Kumar Yadav, resident of village - Kishni Patt, P.SFulparaas, Distt.- Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, (Primary Education), Human Resources Development Department, Government of Bihar, Patna.

2. The District Programme Officer, Madhubani.

3. The Block Development Officer, Madhepur, Distt- Madhubani.

4. The Block Education Officer, Madhepur, Distt- Madhubani.

5. The Pramukh, Madhepur Panchayat Samiti, Distt- Madhubani.

6. The Block Teachers Selection Committee, Madhepur, District - Madhubani. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Kripa Nand Jha For the Respondent/s : Mr. Suman Kumar Jha =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 19-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking following reliefs:- (i) For issuance of an appropriate direction, order or writ in the nature of mandamus commanding the respondents to issue the appointment letter in favour of this petitioner on the basis of her selection/counselling on the post of block teacher in Madhepur block under second phase Prakhand/Block Teachers Employment Programme, 2008 taking into account that similarly

Patna High Court CWJC No.22085 of 2013 dt.19-02-2016 2/3 situated selected candidates of different selection units have been issued their appointment/joining letters. (ii) For holding and declaring that the petitioner was selected after following the due procedure of law and as such, she cannot be denied for her joining alike several selected candidates of different selection units after completing the entire formalities of appointment, especially, taking into account that the posts of block teachers are still vacant and the same are likely to be filled up by next selection process.

(iii) For any other relief/reliefs to which the petitioner may be found entitled to, in the facts and circumstances of the case.

The counsel for the petitioner submits that the issue which is involved in the present case, is no longer res integra as the same has been decided by this Court in CWJC No. 16185 of 2013 and its analogous cases and the present case may be disposed of in the same term.

The State counsel does not resist the argument of the counsel for the petitioner.

In such view of the matter, Block Development Officer, Madhepur, Madhubani will examine the case of the petitioner in terms

Patna High Court CWJC No.22085 of 2013 dt.19-02-2016 3/3 of the aforesaid judgment and if the case of the present petitioner falls within four corners, he will grant the same relief to him as has been given to the petitioners of those cases.

With the above observation/direction, this petition is disposed of.

(Shivaji Pandey, J) Mahesh/- U