Umesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7745 of 2022 ====================================================== 1.

Umesh Prasad Son of Ramdhani Mahto, Resident of Village and P.O.- Chorsua, Shiv Mandir. P.S.- Giriyak, District- Nalanda, at present posted as Assistant Teacher (Bio) in High School, Pawapuri, Nalanda. 2.

Vijayendra Kumar Ray son of Sakaldeep Ray, Resident of Village and P.O.- Hardaspur, P.S.-Mohanpur, District-Samastipur, at present posted as Assistant Teacher (Math) in Rajkiyakrit M.R. High School Chaandi, Vaishali.

3.

Braj Kishore Ray, Son of Sri Kanhai Ray, Resident of Village-Maya Tola Dighi, P.O.-Dighi, P.s.-Sadar Hazipur, District-Vaishali, at present posted as Assistant Teacher (Math) in Mana Ramishwar plus 2 School Chaandi, Vaishali.

4.

Sunil Kumar Gawaskwar, son of Sri Ram Krishna Pandit, Resident of Village and P.O.-Nehusa, P.S. Harnaut, District-Nalanda, at present posted as Assistant Teacher (Math) in Plus 2 High School Harnaut, Nalanda. 5.

Brajesh Kumar Bimal, Son of Ram Sihasan Ram, Resident of VillageBhikharidih, P.O. Nonsari, P.S-Nokha, District-Rohtas, at present posted as Assistant Teacher (Bio) in Sonamati Mangaru High School Chitaon, Rohtas. 6.

Prashant Kumar, son of Rajanand Prasad Biswas, Resident of MohallaNawrattan Hata, P.O. Purnea, P.S.-Khajauli Hat, District-Purnea, at present posted as Assistant Teacher (Bio) in Plus 2 High School Kanjia (Baisa), Purnea.

7.

Ashok Kumar Sah, son of Gauri Sah, Resident of Village and P.O.-Singhiya Ghat, P.S.-Bibhutipur, District-Samastipur, at present posted as Assistant Teacher (Bio) in Plus 2 High School Misroliya, Samastipur. 8.

Satyadeo Das, Son of Bangali Das, Resident of Mohalla-Bari Durga Sthan, Phulwari, Ward No. 4, P.O. and P.S.-Rosera, District-Samastipur, at present posted as Assistant Teacher (Bio) in Neelmani Plus 2 High School Bhirha Rosera, Samastipur.

9.

Ajit Kumar Sen, son of Gangu Mahto, Resident of Village-Trokhar, P.O. and P.S.-Giriyak, District-Nalanda, at present posted as Assistant Teacher (Bio) in Bihar Town High School, Biharsharif, Nalanda. 10.

Manoj Kumar, son of Mahadev Mandal, Resident of at and P.O.-Paikpur, Ward No.-07, P.S.-Bhargama, District-Arariya, at present posted as Assistant Teacher (Math) in Jawahar High School Bhargama, Arariya. 11.

Priti Roy, C/o Mewal Lal Roy, Wife of Ravi Shankar, Resident of MohallaAshok Nagar, Road NO. 10, P.O. and P.S.-Kankarbag, District-Patna, at present posted as Assistant Teacher (Bio) in S.R.R.G.S. Plus 2 High School, Punpun, Patna.

12.

Veena Kumari, Wife of Dr. Deo Raj Suman, Resident of Mohalla-D.D. Tulsi Road, Nayagaon, Jamalpur, P.O. and P.S.-Jamalpur, District-Munger, at present posted as Assistant Teacher (Bio) in N.C. Ghosh Balika High School, Jamalpur, Munger.

13.

Kiran Bala, D/o Braj Bhushan Kumar, Wife of Om Prakash Singh, Resident of Village and P.O.-Dariyapur, P.S.Dariyapur, District-Saran, at present

2/5 posted as Assistant Teacher (Bio) in K.B. Sahai High School, Shastrinagar, Patna.

14.

Reeta Kumari, Wife of Dr. Ramesh Chandra Prasad Yadav, Resident of Damariya Road No. 10, P.O.-Anisabad, P.S.-Gardanibag, District-Patna, at present posted as Assistant Teacher (Bio) in R.L.S.Y.S.S. School, Punaichak, Patna.

15.

Punam Kumari, Wife of Sunil Kumar, Resident of Rajapur Mainpura, P.O.- G.P.O., Patna, P.s. Patlputra Colony, District-Patna, at present posted as Assistant Teacher (Bio) in High School, Maner, Patna. 16.

Dinesh Kumar, Son of Neplai Ram, Resident of Mohalla-Sri Tola, P.O. and P.S. Nawada, District-Bhojpur, at present posted as Assistant Teacher (Bio) in Project Balika High School, Sahar, Bhojpur. 17.

Kameshwar Rai, son of Raj Ballam Rai, Resident of Village-Bahiro, P.O. and P.S.-Nawada, District-Bhojpur, at present posted as Assistant Teacher (Bio) in Yadav Vidyapith plus 2 School Maulabagh Ara, Bhojpur. 18.

Arun Kumar Yadav, son of Mahragi Prasad Yadav, Resident of Village-Kakr, P.O.-Bishanpur, P.S. Kumar Khand, District-Madhepura, at present posted as Assistant Teacher (Bio) in Plus 2 Project High School, Bhargama, Arariya. 19.

Sangita Kumari, Wife of Sushant Kumar, Resident of Mohalla-Tilak Nagar, 304, R.S. Villa Appt., Behind Rajeshwar Hospital, P.O. and P.S.-Kankarbag, District-Patna, at present posted as Assistant Teacher (Bio) in Lokeshwari Girls High School, Kadam Kuan, Patna.

20.

Garima Mishra, Wife of Rajesh Tripathi, Resident of Flat No. 101, Janki Apartment, Road No. 5, Mohalla and P.O. and P.S.-Rajendra Nagar, DistrictPatna, at present posted as Assistant Teacher (Bio) in Mahila Vidya Kala Mandir, High School Kadam Kuan, Patna.

21.

Kavita Kumari, Wife of Dr. Rajesh, Resident of Village-Nishihara, P.O. Kendua, P.S. Khargapur, District-Munger, at present posted as Assistant Teacher (Bio) in K.B. Sahai High School, Shastrinagar, Patna. 22.

Jaya, Wife of Ajay Kumar, Resident of Mohalla-Adarsh Colony, S.K. Nagar, Patna, P.O.-G.P.O., Patna, P.S.-Kotwali, District-Patna at present posted as Assistant Teacher (Bio) in J.D. Girls High School, Adalatganj, Patna. 23.

Sanjay Kumar, Son of Devi Dayal Ram, Resident of Village-Bahiro, P.O. and P.S.-Nawada Ara, District-Bhojpur, at present posted as Assistant Teacher (Bio) in K.B. Sahai High School, Pawna, Bhojpur. 24.

Indradeo Yadav, son of Shadeo Yadav, Resident of Village and P.O.- Loshghans, P.S.-Piri Bazar, District-Lakhisarai, at present posted as Assistant Teacher (Bio) in Plus 2 Model High School, Munger. 25.

Birendra Kumar, son of Suresh Ram, Resident of Mohalla-Hamidganj, P.O. and P.S.-Daltonganj, District-Palamau (Jharkhand), at present posted as Assistant Teacher (Bio) in Ram Pyari Girls Plus 2 High School, Darihat Dehri, Rohtas.

26.

Uma Shankar Pal, Son of Gopal Bhagat, Resident of Sahi Jana Ward No. 13, P.O. and P.S. and District-Garhwa (Jharkhand), at present posted as Assistant Teacher (Bio) in High School, Tilouthu, Rohtas. 27.

Ashok Kumar, son of Ramashish Singh, Resident of Village-Khilanganj

3/5 (Gudri), P.O. and P.S.-Sasaram, District-Rohtas, at present posted as Assistant Teacher (Bio) in A.K. Jain High School, Darihat, Rohtas. 28.

Ajit Kumar Kaushal, Sheo Bachan Prasad, Resident of Village-Kathkauliya, P.O. -Marojhiyan, P.S.-Nasriganj, District-Rohtas, at present posted as Assistant Teacher (Bio) in Baliram Bhagat High School, Goshldih, Rohtas. 29.

Manju Kumari, Wife of Sanjeeva Snatak, Resident of Dream City, E-G-1, Rajapur Mainpura, P.S.-Digha, District-Patna, at present posted as Assistant Teacher (Bio) in Dawarika High School Mandiri, Patna. 30.

Anita Kumari, Wife of Subhas Prasad Singh, Resident of Village-Mor, P.O.- Mor Sarai, P.S.-Shiv Sagar, District-Rohtas, at present posted as Assistant Teacher (Bio) in High School, Dalmiya Nagar, Rohtas. 31.

Rajesh Rajak, son of Satya Ranjan Rajak,k Resident of Village-Hanswar, P.O.-Nawabganj, P.S.-Manihari, District-Katihar, at present posted as Assistant Teacher (Bio) in Hemchandra High School, Hemkunj, Katihar. 32.

Pradip Rajak, son of Babulal Rajak, Resident of Village and P.O.-Tiuri, P.S.- Manpur, District-Nalanda, at present posted as Assistant Teacher (Bio) in Kisan plus 2 High School, Dharhra, Silao, Nalanda. 33.

Kabilash Biswas, son of Bharat Biswas, Resident of at and P.O.-Dehad, P.S.- Sonbarsa Raj, District-Saharsa, at present posted as Assistant Teacher (Bio) in Plus 2 Project Girls High School, Kaliyaganj, Arariya. 34.

Ramganesh Chaudhary, son of Jaleshwar Chaudhary, Resident of VillageKheman Tola, P.O.-Peuli, P.S.-Mirganj, District-Gopalganj, at present posted as Assistant Teacher (Bio) in D.A.V. High School, Siwan. 35.

Sanjay Kumar Rai, Son of Mahendra Rai, Resident of Village and P.O.- Harpur Mahamda, P.S.-Pusa, District-Samastipur, at present posted as Assistant Teacher (Bio) in R.K. High School, Hatta, Muzaffarpur. 36.

Arun Kumar, son of Bhagwat Prasad Yadav, Resident of at and P.O.- Dharhara, P.S.-Raghopur, District-Supaul, at present posted as Assistant Teacher (Bio) in K.B. Sahai High School, Shastrinagar, Patna. 37.

Brij Kumar Sah, son of Mohan Sah, Resident of Village and P.O.-Guljarpur, P.S.-Sahar, District-Bhojpur at present posted as Assistant Teacher (Math) in Plus 2 High Schol, Sahar, Bhojpur.

38.

Madhubala Kumari, D/o Kamta Prasad, Resident of Mohalla-Mahdewa Magahiya Toli, P.O.-Ara, P.S.-Town Than Ara, District-Bhojpur, at present posted as Assistant Teacher (Bio) in plus 2 High School, Ekwari Sahar, Bhojpur.

39.

Md. Mahmood Hassan, Son of Md. Mobinul Hassan, Resident of VillageDholi, P.O.-Basuna, P.S.-Bangaw, District-Saharsa, at present posted as Assistant Teacher (Bio) in Pavitri Kanya High School, Simri Bihta, Patna. 40.

Bali Ram Singh, son of Ramchandra Singh, Resident of Village-Bela Bigha, P.O.-Baidrabad, P.S.-Arwal, District-Arwal, at present posted as Assistant Teacher (Bio) in Pavitri Kanya High School, Simri Bihta, Patna. 41.

Shiv Shankar Prasad Singh, son of Brahmdeo Prasad Singh, Resident of Village-Reta, P.O. and P.S.-Harinmar, District-Munger, at present posted as Assistant Teacher (Bio) in R.B. High School, Jamalpur, Munger. 42.

Kumari Neerja, Wife of Satish Kumar, Resident of Mohalla-South

4/5 Chitragupta Nagar, P.O.-Lohia Nagar, P.S.-Kankarbag, District-Patna, at present posted as Assistant Teacher (Bio) in High School, Maharajganj, Gulzarbagh, Patna.

43.

Ajit Kumar Sinha, Son of Ranjit Kumar Sinha, Resident of Mohalla-304, Satyawati Complex, Kankarbagh, Main Road, East of Chandan Hero Service, P.S.-Kankarbagh, District-Patna, at present posted as Assistant Teacher (Bio) in Hathiya Kandh Sarai, Patna.

44.

Dilip Kumar Kedia, Son of Shyam Sundar Kedia, Resident of H/o Hari Shankar Ambastha, Shankar Bhawan, Mohalla-Tarkeshwar Prasad Patha, Salimpur Ahra, P.S.-Kadam Kuan, District-Patna, at present posted as Assistant Teacher (Bio) in High School, Veer Oriyara, Patna. 45.

Reena Sinha, D/o Devendra Narayan Sinha, Resident of Mohalla-A/338, A.G. Colony, Ashiyana Nagar, P.S.-Rajiv Nagar, District-Patna, at present posted as Assistant Teacher (Bio) in Srichandra High School, Kurji, Patna. ... ... Petitioner/s

Versus

1.

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

2.

The Secretary, Education Department, Government of Bihar, Patna. 3.

The Director, Secondary Education, Government of Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar For the Respondent/s :

Mrs. Shilpa Singh ( Ga 12 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-03-2025 Heard learned counsel for the petitioners and learned counsel for the respondents.

2.

Learned counsel for the petitioners submits that the case of the petitioners is squarely covered by the judgment passed by this Court in C.W.J.C. No.6689 of 2021 .

3.

Considering the aforesaid facts, since the case of the petitioners stand on similar footings to that of the petitioners of C.W.J.C No.6689 of 2021, there is no requirement to keep

5/5 pending the present writ application.

4.

Accordingly, petitioners are directed to file a detailed representation along with a copy of the order passed in C.W.J.C. No.6689 of 2021, before the respondent nos.3 within a period of four weeks and the respondent no.3 is well advised to consider the case of the petitioners and dispose of the representation of the petitioners after affording an opportunity of personal hearing or through their counsel and pass a reasoned and speaking order in accordance with law and in light of the order passed in C.W.J.C. No.6689 of 2021 within three months from the date of filing of such representation by the petitioners. 5.

It is made clear that respondent no.3 shall be personally held responsible for non-compliance of this order. 6.

With the aforesaid directions, this writ application stands disposed of.

(Anjani Kumar Sharan, J) shikha/- U