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Patna High CourtCWJC/7351/2020disposed

Dinesh Kumar Paswan v. The State Of Bihar

2020-12-10Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7351 of 2020 ====================================================== 1.

Dinesh Kumar Paswan Son of Ganaur Paswan, Resident of Village-Mureth, P.S.-Arer, District-Madhubani.

2.

Prakash Kumar Sah Son of Ravindra Sah Resident of Village-Kushmaul, P.S.-Arer, District-Madhubani 3.

Roshan Ram Son of Bindeshwar Ram Resident of Village-Radh, P.S.- Kaluahi, District-Madhubani.

4.

Md. Shafiqullah Ansari Son of Md Mustafa Ansari Resident of VillageKapsia, P.S.-Arer, District-Madhubani. 5.

Tarique Ainee, Son of Tamim Akhtar, Resident of Village-Balkatwa, P.S.- Basopatti, District-Madhubani.

6.

Md. Taz Hasan @ Md. Taz Hassan, Son of Md Shakir Hussain, Resident of Village-Pothiya, P.S.-Khajauli, District-Madhubani. 7.

Naznin Khatoon Wife of Md Nazibullah, Resident of Village-Mehtarpatti, P.S.-basopatti, District-Madhubani.

... ... Petitioners

Versus

1.

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

2.

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

The Director Primary Education, Department of Education, Bihar, Patna. 4.

The Regional Deputy Directorof Education, Darbhanga Division, Darbhanga.

5.

The District Magistrate, Madhubani.

6.

The District Education Officer-Cum-Chairman Nomination Committee, DIET Narar, Madhubani.

7.

The Principal, District Institute of Education and Training (DIET), Nagar, Madhubani ... ... Respondents ====================================================== Appearance :

For the Petitioners :

Mr. Abhinay Raj, Advocate Mr. Gagandeo Yadav, Advocate For the Respondent/ :

Mr. Ashutosh Ranjan Pandey, AAG-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-12-2020 The petitioners were admitted in two years D.El.Ed. (Face to Face) Course for the Session 2019-21 in the District

Patna High Court CWJC No.7351 of 2020(5) dt.10-12-2020 2/3 Institute of Education and Training, Darar (Madhubani) in June/July, 2019. They were selected on the basis of their respective merits determined by the DIET. Subsequently, by order dated 25.06.2020, the DIET cancelled their registration for the said course mainly on the ground that roster points fixed for the reserved seats were not followed at the time of selection for registration. The said order dated 25.06.2020 has been challenged in the present writ application.

In compliance of an order of this Court dated 11.09.2020, a counter affidavit has been filed on behalf of the State of Bihar. In addition to explaining the circumstance in which the impugned order dated 25.06.2020 was passed, it has been stated in paragraph 11 of the counter affidavit as under : - "11. That it is stated and submitted that the department after due consideration of the matter at hand come to the conclusion that the petitioners should not suffer the wrong done by the officers, so the authorities decided to allow the petitioners to fill up forms and appear in the examination."

In view of the statement made in paragraph 11 of the counter affidavit, the grievances of the petitioners stand redressed. The impugned order dated 25.06.2020 is set aside in view of the statement made in paragraph 11 of the counter affidavit.

Patna High Court CWJC No.7351 of 2020(5) dt.10-12-2020 3/3 This application stands disposed of accordingly. (Chakradhari Sharan Singh, J) Pawan/- U