Shiv Baran Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19492 of 2013 ====================================================== Shiv Baran Singh, son of Late Akal Singh, Resident of villageBaidhnathpur, P.S.- Ahiyapur, P.O.- Mirzapur, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar through Director, Bihar Primary Education, Bihar, Patna.

2. The Commissioner, Tirhut Range, Muzaffarpur

3. The District Magistrate, Muzaffarpur.

4. The Regional Deputy Director of Education, Muzaffarpur.

5. The District Education Officer, Muzaffarpur.

6. The District Programme Officer, Establishment, Muzaffarpur.

7. The Block Development Officer, Muzaffarpur.

8. The Block Education Officer, Muzaffarpur.

9. The Mukhiya, Gram Panchayat Raj Abdul Nagar at Madhopur, BlockMushari, District- Muzaffarpur.

10. The Panchayat Secretary, Gram Panchayat Raj Abdul Nagar at Madhopur, Block- Mushari, District- Muzaffarpur .

11. Chulhai Singh @ Pradeep Kumar Singh, son of Ramashish Singh, resident of village Baidnathpur @ Khanpur, P.S.- Ahiyapur, P.O.- Mirzapur, District- Muzaffarpur.

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

For the Petitioner/s : Mr. Mazharul Hassan For the Respondent/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 22-06-2016 Heard the Counsel for the petitioner. No one has appeared on behalf of the State respondents.

Apparently, the petitioner does not complain of any wrong committed to him by the State respondents. Writ application seeks a direction commanding the State respondents to initiate departmental proceeding against respondent no. 11 who, in a clandestine manner, appeared at the Bihar School Examination Board on two occasions by changing his name as well as the date

Patna High Court CWJC No.19492 of 2013 (2) dt.22-06-2016 2/2 of birth. Although some enquiry was made and action was directed to be taken against him but no such action was taken. Be it noted, according to the writ petitioner, on the basis of those certificates obtained by the suppression, the respondent no. 11 is currently functioning as Panchayat Teacher in Primary School, Akbarpur in the district of Muzaffarpur.

In my view, the present writ application, at the behest of the petitioner, would not be maintainable. The application is dismissed. Dismissal of the application shall, however, not prevent the petitioner from raising his grievance before appropriate authority/forum in accordance with law.

(Kishore Kumar Mandal, J) Pankaj/- U