Dhirendra Kumar Singh v. The State Of Bihar,
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7868 of 2022 ====================================================== 1.
Dhirendra Kumar Singh Son of Shree Net Singh, Resident of Village Ram Jatan Nagar Barbatta, P.O. and P.S. - Sonpur, District - Saran, presently working as Block Teacher U.M.S. Kalyanpur, Block - Sonpur, District - Saran.
2.
Md. Yunus, Son of Mohammadin Ansari, Resident of Village - Mahuli, P.O. - Rampur Atauali, P.S. - Isuapur, District - Saran, Presently working as Block Teacher (Urdu) at U.M.S., Ganauli, Block - Mashrakh, District - Saran.
3.
Md. Irsad Khan, Son of Md. Taufik Khan, Resident of Village - Sonauli, P.O.- Sonauli, P.S. - Mashrakh, District - Saran, Presently working as Block Teacher (Urdu) at U.M.S., Sonauli, Block - Mashrakh, District - Saran. 4.
Arvind Kumar Singh, Son of Late Yamuna Singh, Resident of Village - Bansohi, P.O. - Bansohi, P.S. Mashrakh, District - Saran, Presently working as Block Teacher at U.M.S, Jajauli, Block - Mashrakh, District - Saran. 5.
Jaibun Nisha, Wife of Rahmat Ali, Resident of Village and P.O. - Arna, P.S. - Mashrakh, District - Saran, Presently working as Block Teacher at M.S. Belaur, Block - Panapur, District - Saran.
6.
Md. Ejaj Ansari, Son of Md. Jangaluddin, Resident of Village and P.O. - Piparpati, P.S. - Sahajitpur, District - Saran, Presently working as Block Teacher at Janta M.S., Godna, Block - Mashrakh, District - Saran. 7.
Pradeep Kumar Mahto, Son of Prabhunath Mahto, Resident of Village - Doila , P.O. Mashrakh, P.S. - Isuapur, District - Saran, Presently working as Panchayat Teacher at N.P.S., Sihri, Block - Mashrakh, District - Saran. 8.
Prashant Kumar, Son of Parmatma Singh, Resident of Village - Samastpura, P.O. - Gamhariya, P.S. - Mashrakh, District - Saran, Presently working as Panchayat Teacher at P.S., Mahesh Chapra Kanya, Block - Mashrakh, 9.
Rakesh Kumar Singh, Son of Prabhunath Singh, Resident of Village and P.O. - Semari, P.S. - Mashrakh Sarj, District - Saran, Presently working as Panchayat Teacher at N.P.S. Simri, Brahm Asathan, Block - Mashrakh, 10.
Saroj Kumar, Son of Nand Kumar Singh, Resident of Village and P.O. - Sikati Bhikham, P.S. - Mashrakh, District - Saran, Presently working as
2/19 Panchayat Teacher at P.S. Nikumbh Semri, Block - Mashrakh, District - Saran.
11.
Kumari Shalini, Daughter of Surendra Rai, Resident of Village and P.O. - Tedha, P.S. - Isuapur, District - Saran, Presently working as Panchayat Teacher at N.P.S., Sikti Khalnaha, Block - Mashrakh, District - Saran. 12.
Rajendra Manjhi, Son of Kishori Manjhi, Resident of Village - Chand Kudariya, P.O. - Dumarsan Bangra, P.S. - Mashrakh, District - Saran, Presently working Panchayat Teacher at P.S. Nikumbh Semri, Block - Mashrakh, District - Saran.
13.
Shashi Kumar, Son of Pran Prasad, Resident of Village - Mashrakh Gola Road, P.O. - Mashrakh, P.S. - Mashrakh, District - Saran, Presently working as Panchayat Teacher in P.S., Sikti Khalnaha, Block - Mashrakh, District - Saran.
14.
Luw Kumar Singh, Son of Ganesh Singh Kushwaha, Resident of Village - Galimapur, P.O. - Mashrakh, P.S. - Taraiya, District - Saran, Presently working as Panchayat Teacher in P.S. Mahesh Chapra, Kanya Block - Mashrakh, District - Saran.
15.
Mamta Kumari, Wife of Luv Kumar Singh Kushwaha, Resident of Village - Galimapur, P.O. - Mashrakh, P.S. - Taraiya, District - Saran, Presently working as Panchayat Teacher at P.S. Semraha Barhamsathan, Block - Mashrakh, District - Saran.
16.
Preeti Rashmi, Daughter of Guljar Mahto, Resident of Village and P.O. - Sikati Bhikham, P.S. - Mashrakh, District - Saran, Presently working as Panchayat Teacher at P.S. Mahesh Chapra Kanya, Block - Mashrakh, 17.
Mukesh Kumar Singh, Son of Shiv Kumar Singh, Resident of Village and P.O. - Semari, P.S. - Mashrakh, District - Saran, Presently working as Panchayat Teacher at P.S., Nikumbh Semri, Block - Mashrakh, District - Saran.
18.
Varun Kumar Singh, Son of Kameshwar Prasad Singh, Resident of Village and P.O. - Sonauli, P.S. - Mashrakh, District - Saran, Presently working as Panchayat Teacher N.P.S., Sikti Khanjaha, Block - Mashrakh, District - Saran.
19.
Mira Devi, Wife of Krishna Kant Prasad, Resident of Village and P.O. - Sikati Bhikham, P.S. Mashrakh, District - Saran, Presently working as
3/19 Panchayat Teacher at P.S. Mahesh Chapra Kanya, Block - Mashrakh, 20.
Wahab Ali, Son of Late Shaukat Ali, Resident of Village - Bastijalal, P.O. - Sitalpur, P.S. - Dighwara, District - Saran, Presently working as Block Teacher in M.S. Trilok Chak, Block - Dighwara, District - Saran. 21.
Mohammad Naushad Ahmad, Son of Md. Ekbal, Resident of Village - Akbarpur, P.O. - Sitalpur, P.S. - Dariapur, District - Saran, Presently working as Block Teacher in U.M.S., Pagurahan, Block - Dighwara, District - Saran. 22.
Tarun Kumar Chaudhary, Son of Ravindra Chaudhary, Resident of Village - Nayka Tola, Ward No. 10, P.O. and P.S. - Revelganj, District - Chapra (Saran), Presently working as Block Teacher U.M.S., Fulwariya, Block - Garkha, District - Chapra (Saran).
23.
Shweta Kumari, Daughter of Ram Naresh Singh, Resident of Village - Prabhunath Nagar, P.O. - Tadi, P.S. - Muffsil, District - Saran, Presently working as Block Teacher U.M.S., Fulwariya, Block - Garkha, District - Chapra (Saran).
24.
Sanu Kumari Daughter of Yogendra Manjhi, Resident of Village - Pathra, P.O. - Rasidpur, P.S. - Garkha, District - Saran, Presently working as Block Teacher in U.M.S., Fulwariya, Block - Garkha, District - Saran. 25.
Anju Kumari, Wife of Rajesh Kumar, Resident of Village and P.O. and P.S. - Garkha, District - Saran, Presently working as U.K.M.S. Narayanpur, Block - Garkha, District - Saran.
26.
Khushbun Parwin, Daughter of Abul Hasan, Resident of Village - Hakma, P.O. and P.S. - Garkha, District - Saran, Presently working as Block Teacher in M.S. Kudarbadha, Block - Garkha, District - Saran. 27.
Renu Kumari, Daughter of Vishwanath Prasad, Resident of Village - Kanakpur, P.O. - Ishmaila, P.S. - Dighwara, District - Saran, Presently working as Panchayat Teacher at P.S., Rampur Birbhal, Block - Garkha, 28.
Pankaj Kumar Chaudhary, Son of Krishna Chaudhary, Resident of Village - Sargatti, P.O. and P.S. - Garkha, District - Saran, Presently working as Panchayat Teacher in N.P.S. Mukimpur Tola Thikaha, Block - Garkha, 29.
Md. Muslim Ansari, Son of Dost Md. Ansari, Resident of Village - Rangilo Tola, P.O. - Mohammadpur, P.S. - Garkha, District - Saran, Presently
4/19 working as Block Teacher U.M.S., Ismailpur Naya, Block - Garkha, District - Saran.
30.
Ahmad Miyan, Son of Jammu Miyan, Resident of Village - Mithepur, P.O. and P.S. - Garkha, District - Saran, Presently working as Block Teacher U.M.S., Mithepur Block - Garkha, District - Saran. 31.
Sanjeev Kumar, Son of Indradeo Prasad Ray, Resident of Village - Durbela, P.O. - Arvind Nagar, P.S. - Dariyapur, District - Saran, Presently working as Panchayat Teacher at P.S. Mushahari, Block - Dariyapur, District - Saran. 32.
Md. Khurshid Alam, Son of Late Sikandar Ali, Resident of Village and P.O. - Bela, P.S. - Dariyapur, District - Saran, Presently working as Panchayat Teacher at P.S. Harpur, Block - Dariyapur District - Saran. 33.
Baban Kumar, Son of Jageshwar Ram, Resident of Village - Durbela, P.O. - Arvind Nagar, P.S. - Dariyapur, District - Saran, Presently working as Panchayat Teacher at P.S., Badhamua, Bloock - Dariyapur, District - Saran. 34.
Om Prakash, Son of Sri Ram Reet Ram, Resident of Village - Ram Nagar Nimorahi Tola, P.O. - Sadha, P.S. - Chhapra Mufsil, District - Saran, Presently working as Block Teacher U.M.S., Sumerpatti, Block - Dariyapur, 35.
Bindu Kumari, Daughter of Ravindra Kumar, Resident of Village - Chaipur, P.O. - Bela, P.S. - Dariyapur, District - Saran, Presently working as Block Teacher at M.S., Dariyapur, Block - Dariyapur, District - Saran. 36.
Alok Kumar Singh Son of Narendra Singh, Resident of Village - Mashrakh, Barahiya Tola, P.O. - Mashrakh, P.S. - Mashrakh, District - Saran, Presently working as Panchayat Teacher at N.P.S., Kundh, Block - Panapur, District - Saran.
37.
Anjali Kumari, Daughter of Ramayan Prasad Sahni, Resident of Village - Bhairopur, P.O. - Dighwara, P.S. - Dariyapur, District - Saran, Presently working as Block Teacher at M.S. Ramdas Chak, District - Saran. 38.
Anita Kumari, Wife of Jitendra Kumar, Resident of Village - Kumhar Toli, Ratanpura, District - Saran, Presently working as Panchayat Teacher in R.P.S. Mosaheb Tola, Block - Garkha, District - Saran. 39.
Ashok Kumar, Son of Shivnath Prasad Gupta, Resident of Mohalla - Ramlila Mathiya, P.O. and P.S. - Bhagwan Bazar, District - Saran, Presently working as Block Teacher U.K.M.S., Mainpura, Block - Revelganj, District - Saran. 40.
Kiran Devi, Daughter of Asharfi Lal, Resident of Village - Ismailpur, P.O. -
5/19 Rampur, P.S. - Garkha, District - Saran, Presently working as Panchayat Teacher at N.P.S., Sadhpur, Kurmi Tola, Block - Garkha, District - Saran. 41.
Vilok Ranjan, Son of Late Kishori Ram, Resident of Village and P.O. - Kaharika, P.S. - Saptachak, District - Saran, Presently working as Block Teacher, District - Saran.
42.
Sunil Kumar Prasad, Son of Dinesh Prasad, Resident of Village and P.O. and P.S. - Rivilganj, District - Saran, Presently working as Block Teacher, U.M.S. Sargatti, Block - Garkha, District - Saran. 43.
Md. Mohsin Ansari, Son of Late Md. Mustafa Ansari, Resident of Village and P.O. - Khodai Bagh, P.S. - Khaira, District - Saran, Presently working as Panchayat Teacher, N.P.S. Sargatti, Mushahar Toli, Block - Garkha, District - Saran.
44.
Gopal Das, Son of Anil Kumar Das, Resident of Village - Dharmagat, P.O. - Mujauna, P.S. - Dariyapur, District - Saran, Presently working as Panchayat Teacher at P.S. Dusadh Toli, Kasmar, Block - Kasmar, District - Saran. 45.
Manju Kumari, Daughter of Shiv Prasad Yadav, Resident of Village - Kasmar, P.O. - Kharika, P.S. - Sonpur, District - Saran, Presently working as Panchayat Teacher, N.P.S. Noniya Tola, Saidpur, Block - Sonpur, District - Saran.
46.
Talat Jahan Nazish, Daughter of Mozaffar Iqbal, Resident of Village and P.O. and P.S. - Garkha, District - Saran, Presently working as Panchayat Teacher at N.P.S., Sadhpur Kurmi Tola, Block - Garkha, District - Saran. 47.
Birendra Prasad, Son of Nageshwar Prasad, Resident of Village - Jalalbasant, P.O. - Basant, P.S. - Garkha, District - Saran, Presently working as Panchayat Teacher at N.P.S. Chhakara Katar, Block - Garkha, District - Saran.
48.
Satyendra Kumar, Son of Sri Parma Rai, Resident of Village - Fakrabad, P.O. and P.S. - Sonpur, District - Saran, Presently working as Panchayat Teacher at N.P.S., Sadwara, Block - Dariyapur, District - Saran. 49.
Saryoday Kumar, Son of Badri Narayan Singh, Resident of Village - Mushahari, P.O. - Arvindnagar, P.S. - Dariyapur, District - Saran, Presently working as Panchayat Teacher at N.P.S., Malhichak, Block - Dariyapur, 50.
Rehana Khatoon, Daughter/Wife of Shahabuddin Ansari, Resident of Village - Nijamcahk, P.O. - Unnhcahk, P.S. - Dighwara, District - Saran, Presently
6/19 working as Panchayat Teacher at P.S. Ahim Pari, Block - Dighwara, District - Saran.
51.
Mukhtar Ahmad, Son of Obaidullah Ansari, Resident of Village and P.O. - Mastichak (Kishundas), P.S. - Dariyaur, District - Saran, Presently working as Block Teacher at Aadarsh M.S., Nizam Chak, Block - Dighwara, District - Saran.
52.
Birendra Kumar Singh, Son of Achyutanand Singh, Resident of Village - Kanakpur, P.O. - Ishmela, P.S. - Dighwara, District - Saran, Presently working as Block Teacher, U.M.S., Block - Dighwara, District - Saran. 53.
Nilam Kumari Daughter of Brahmdev Shah, Resident of Village - Andarkila, Nakhas Chawk, P.O. - Hajipur, P.S. - Hajipur Sadar, District - Vaishali, Presently working as Panchayat Teacher in P.S. Sabalpur Harijan Toli, Block - Sonepur, District - Saran.
54.
Kumari Manjula, Wife of Baleshwar Prasad Ray, Resident of Village - Bastijalal, P.O. and P.S. - Dighwara, District - Saran, Presently working as Block Teacher, U.M.S. Bastijalal, Block - Dighwara, District - Saran. 55.
Amit Kumar, Son of Lalan Prasad Singh, Resident of Village - Nikumbh Semri, P.O. Semri, P.S. - Mashrakh, District - Saran, Presently working as Block Teacher in U.M.S. Sardarganj, Block - Mashrakh, District - Saran. 56.
Kalpati Devi, Daughter/Wife of Triveni Ram, Resident of Village - Mahesh Chapra, P.O. - Sikti Bhikham, P.S. - Mashrakh, District - Saran, Presently working as Panchayat Teacher at N.P.S., Sipuri, Block - District - Saran. 57.
Akhlakur Rahman, Son of Md. Indrish, Resident of Village - Chand Kudariya, P.O. - Dumrasan Bangra, P.S. - Mashrakh, District - Saran, Presently working as Block Teacher, U.M.S. Semari Kanya, Block - Masrakh, District - Saran.
58.
Md. Ezajul Haque Ansari, Son of Md. Halil Ansari, Resident of Village - Mashrakh, Gopalbari, P.O. and P.S. - Mashrakh, District - Saran, Presently working as Panchayat Teacher in P.S. Urdu Bangra, Block - Mashrakh, 59.
Archana Kumari, Wife of Rakesh Kumar Singh, Resident of Village - Malahi, P.O. - Koraiya, P.S. - Bheldi, District - Saran, Presently working as Block Teacher, U.M.S. Block - Baherwagachhi, Block - Sonepur, District - Saran.
60.
Santosh Kumar, Son of Late Bahadur Das, Resident of Village - Bagmusa,
7/19 P.O. and P.S. - Hajipur, District - Vaishali, Presently working as Block Teacher at M.S. Ishmela, Block - Dighwara, District - Saran. 61.
Bhagwan Ram, Son of Rajeshwar Ram, Resident of Village - Chainpur, P.O. - Bela, P.S. - Dariyapur, District - Saran, Presently working as Panchayat Teacher at P.S. Harpur, Block - Dariyapur, District - Saran. 62.
Rinu Kumari, Wife of Manoj Kumar, Resident of Village - Malhi Chak, P.O. - Bajahiya Chak, P.S. - Dariyapur, District - Saran, Presently working as Panchayat Teacher at N.P.S. Malhichak, Block - Dariyapur, District - Saran. 63.
Vijaya Rani, Wife of Kamlesh Kumar, Resident of Village - Baropur, P.O. - Berui, P.S. - Baniyapur, District - Saran, Presently working as Panchayat Teacher at P.S. Karanpura, Block - Madhaura, District - Saran. 64.
Md. Murad Alam, Son of Md. Shafik Ansari, Resident of Village - Mashrakh Purab Tola, P.O. and P.S. - Mashrakh, District - Saran, Presently working as Block Teacher at Aadarsh M.S., Belaur, Block - Panapur, District - Saran. 65.
Vijay Raj Lakshmi, Daughter of Devbali Prasad, Resident of Village - Sawaichak, P.O. - Sonpur, P.S. - Sonpur, District - Saran, Presently working as Panchayat Teacher at N.P.S. Dusadh Toli, Sabalpur North, Block - Sonepur, District - Saran.
66.
Amrapali, Wife of Lalan Kumar, Resident of Village - Gulabi Ghat, Baksariya Tola, P.o. - Mahendru, P.S. - Sultanganj, District - Patna, Presently working as Panchayat Teacher in P.S. Sabalpuur Chai Tola, Block - Sonepur, 67.
Kumari Babita, Wife of Binod Kumar Singh, Resident of Village - Sripal Basant, P.O. - Basant, P.S. - Garkha, District - Saran, Presently working as Panchayat Teacher in N.P.S., Narayanpur Safi Tola, Block - Garkha, District - Saran.
68.
Sanjay Shah, Son of Shiv Pujan Shah, Resident of Village - Bhagwani Chapra, P.O. - Basant, P.S. - Garkha, District - Saran, Presently working as Panchayat Teacher K.P.S., Khadaha, Block - Garkha, District - Saran. 69.
Vakil Sharma, Son of Maineger Sharma, Resident of Village and P.O. - Sikati Bhikham, P.S. - Mashrakh, District - Saran, Presently working as Panchayat Teacher at P.S. Datra Purushauli, Block - Isuapur, District - Saran. 70.
Rinki Prabhakar, Wife of Suman Kumar, Resident of Village - Chaknur, P.O. - Dighwara, P.S. - Dighwara, District - Saran, Presently working as Panchayat Teacher at P.S. Naya Bariyarchak, Block - Sonpur, District -
8/19 Saran.
71.
Pinki Prabhakar Wife of Ajit Kumar Singh, Resident of Village - Chitupakar, P.O. and P.S. - Naya Gaon, District - Saran, Presently working as Panchayat Teacher in P.S. Chhittupakar, Block - Sonepur, District - Saran. 72.
Amrendra Kumar Sourabh, Son of Gokhula Prasad Singh, Resident of Village - Madnimal, Pokhra Mohalla, P.O. - Hajipur, P.S. - Hajipur (Vaishali), District - Vaishali Presently working as Panchayat Teacher, P.S. Babatta Railway Colony, Block - Sonpur, District - Saran. 73.
Niraj Kumar, Son of Avinash Kumar Singh, Resident of Nanand Lal Nagar, Digghi, Kala Purvi, P.O. - Hajipur, P.S. - Hajipur (Vaishali), District - Vaishali, Presently working as Block Teacher, U.M.S., Damodarpur, Block - Sonepur, District - Saran.
74.
Pramod Kumar Thakur, Son of Kamla Thakur, Resident of Village - Harpurnand, P.O. - Parmanandpur, P.S. - Sonpur, District - Saran, Presently working as Block Teacher U.M.S. Block Sitabganj, District - Saran. 75.
Rani Singh, Wife of Rajnish Kumar Singh, Resident of Village - Jaitiya, P.O. and P.S. - Sonpur, District - Saran, Presently working as Block Teacher, Block - Naya Parwejabad, District - Saran.
76.
Pravendra Kumar Munda, Son of Late Vishnu Deo Munda, Resident of Durgapur (Aadiwasi Tola), P.O. - Somapur, P.S. - Barari, District - Katihar, Presently working as Panchayat Teacher in P.S. Singinpur, Block - Sonepur, 77.
Nutan Kumari Wife of Ajay Kumar, Resident of Near Gangajal High School, P.O. - Bharpura, P.S. - Sonpur, District - Sonpur, Presently working as Block Teacher U.M.S. Mirjapur, Block - Sonpur, District - Saran. 78.
Amrendra Kumar, Son of Late Rajendra Prasad, Resident of Akbarpur Sitalpur, P.O. - Shitalpur, P.S. - Dariyapur, District - Saran, Presently working as Panchayat Teacher N.P.S., Parshurampur, Block - Dariyapur, 79.
Rekha Rai, Daughter of Rajeshwar Rai, Resident of Village - Hasanpur, P.O. and P.S. - Naya Gaon, District - Saran, Presently working as Panchayat Teacher at P.S. Naya Bariyarchak, Block - Sonepur, District - Saran. 80.
Dipti Raj, Son of Late Mahendra Prasad, Resident of Village - Mohan Nagar, P.O. and P.S. - Chapra Town, District - Saran, Presently working as Panchayat Teacher at P.S., Naya Bariyarchak, Block - Sonepur, District -
9/19 Saran.
81.
Mukesh Kumar, Son of Shakaldip Singh, Resident of Village - Berai, P.O. - Sarai, P.S. - Sarai (Vaishali), District - Saran, Presently working as Panchayat Teacher at P.S. Singhinpur, Block - Sonepur, District - Saran. 82.
Om Prakash Gautam, Son of Yogendra Prasad Singh, Resident of Village - Bajitpur, P.O. - Gopalpur, P.S. - Naya Gaon, District - Saran, Presently working as Panchayat Teacher P.S. Abdulahi, Block - Sonpur, District - Saran.
83.
Ranjana Rani Gupta, Daughter of Satyadev Prasad Gupta, Resident of Village - Shahpur, P.O. and P.S. - Sonpur, District - Saran, Presently working as Block Teacher U.M.S. Sitabganj, Block - Sonpur, District - Saran. 84.
Ranjana Singh, Wife of Manoj Kumar Singh, Resident of Village Kharika, P.O. - Kharika, P.S. - Sonpur, District - Saran, Presently working as Block Teacher, K.M.S. Kharika, Block - Sonpur, District - Saran. 85.
Md. Rizwan Ahmad, Son of Abdul Mannan Ansari, Resident of Village - Arna, P.O. - Shobhepur, P.S. - Bheldi, District - Saran, Presently working as Block Teacher Adarsh Middle School Kadna, Block - Garkha, District - Saran.
86.
Sharda Singh Wife of Late Rajeev Ranjan, Resident of Village - Kadna, P.O. - Mahammadpur, P.S. - Garkha, District - Saran, Presently working as Block Teacher Adarsh Middle School Kadna, Block - Garkha, District - Saran. 87.
Sarita Singh, Daughter of Late Narendra Kumar Singh, Resident of Village - Nikumbh Semri, P.O. - Semari, Bhikham, P.S. - Mashrakh, District - Saran, Presently working as Block Teacher N.P.S. Barki Semri, Block - Mashrakh, 88.
Md. Wazid Ali, Son of Late Amanat Hussain, Resident of Village - Pyarepur, P.O. - Salempur, P.S. - Isuapur, District - Saran, Presently working as Panchayat Teacher in N.P.S. Datra Yadavtola, Block - Isuapur, District - Saran.
89.
Manju Kumari, Daughter of Sri Rameshwar Prasad, Resident of Village - Sabalpur Chaharam, P.O. and P.S. - Sonepur, District - Saran, Presently working as Panchayat Teacher in P.S. Raipur Hasan, Block - Sonepur, 90.
Kumari Kiran, Wife of Pankaj Kumar Singh, Resident of Village Pachkhanda, P.O. and P.S. Mashrakh, District - Saran, Presently working as
10/19 Block Teacher Adarsh Middle School Bellaur, Block - Mashrakh, District - Saran.
91.
Jawahar Ram, Son of Ram Naresh Ram, Resident of Village - Harshpura, P.O. and P.S. - Daudpur, District - Saran, Presently working as Block Teacher P.S. Inayatpur, Block - Majhi, District - Saran. 92.
Mahesh Kumar, Son of Ram Suresh Rai, Resident of Village Sabalpur Paschim Tola, P.O. and P.S. - Sonpur, District - Saran, Presently working as Panchayat Teacher at N.P.S. Sadwara, Block - Dariyapur, District - Saran. 93.
Nilam Kumar, Wife of Alok Ranjan Resident of Village - Kharika, P.O. - Kharika, P.S. - Sonpur, District - Saran, Presently working as Block Teacher at K.M.S. Kharika, Block - Sonpur, District - Saran. 94.
Asha Kumari, Wife of Manoj Kumar Ram, Resident of Village - Babhangaon, P.O. - Dumari Buzurg, P.S. - Naya Gaon, District - Saran, Presently working as Block Teacher at N.P.S. Lalagacchhi, Noniya Toli, Block - Sonepur, District - Saran.
95.
Saroj Kumari, Daughter of Bindeshwari Prasad Gupta, Resident of Village - Jahangirpur, P.O. and P.S. - Sonpur, District - Saran, Presently working as Block Teacher at M.S. Bharpura, Block Sonpur, District - Saran. 96.
Arun Kumar Upadhyay, Son of Dwarikha Nath Upadhyay, Resident of Village - Sultanpur Kharika, P.O. Govindchak, P.S. Sonpur, District - Saran, Presently working as Panchayat Teacher at N.P.S. Krishi Firm Dudhela, Block - Sonpur, District - Saran.
97.
Brajesh Kumar, Son of Satyadeo Singh, Resident of Village - Rasenchak (Kasturychak) P.O. and P.S. - Naya Gaon, District - Saran, Presently working as Panchayat Teacher at N.P.S. Naya Bariyarchak, Block - Sonepur, 98.
Upendra Kumar Singh Son of Surendra Singh, Resident of Village - Kasturi Chak, P.O. and P.S. - Naya Gaon, District - Saran, Presently working as Panchayat Teacher N.P.S. Noniyatoli Saidpur, Block - Sonepur, District - Saran.
99.
Kanti Kumari, Wife of Om Prakash Ram, Resident of Village - Sabalpur Harijantola, P.O. and P.S. - Sonpur, District - Saran, Presently working as Block Teacher P.S. Rampur Hasan, Block Sonpur, District - Saran. .
Manoj Kumar Gupta, Son of Ganesh Prasad, Resident of Village - Sabalpur Chaitola, P.O. and P.S. - Sonpur, District - Saran, Presently working as Block
11/19 Teacher P.S. Rampur Hasan, Block Sonpur, District - Saran. .
Nafisa Khatoon, C/o Anwar Hussain, Resident of Village and P.O. - Barka Gaon (Mauje Tola), P.S. - Bhagwanpur Hatt, District - Siwan, Presently working as Panchayat Teacher, P.S. Khajuri, Block - Panapur, District - Saran.
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Md. Tarique Manjar, Son of Md. Yahiya Ansari, Resident of Village Garkha, P.O. - Garkha, P.S. - Garkha, District - Saran, Presently working as Panchayat Teacher at P.S., Rampur Birbhan, Block - Garkha, Block - Garkha, District - Saran.
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Anil Kumar Das, Son of Asharphi Ram, Resident of Village - Godna More, P.O. - Revelganj, P.S. - Revelganj, District - Saran, Presently working as Panchayat Teacher at N.P.S. Kachnar Mathiya, Block - Revelganj, District - Saran.
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Md. Ezazul Haq, Son of Md. Sirajul Haq, Resident of Village - Fursatpur, P.O. and P.S. - Garkha, District - Saran, Presently working as Block Teacher at P.S. Barbanna, Block - Garkha, District - Saran. .
Moinuddin Ansari, Son of Sirajuddin Ansari, Resident of Village - Jalal Basant, P.O. Basant, P.S. - Garkha, District - Saran, Presently working as Panchayat Teacher at N.P.S. Narayanpur Safi Tola, Block - Garkha, District - Saran.
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Shah Alam, Son of Fool Mohammad, Resident of Village - Mashrak Takht, P.O. and P.S. - Mashrak, District - Saran, Present working as Panchayat Teacher at Govt. Primary School (Urdu), Mashrak Takht, Block - Mashrak, .
Mamta Kumari, Wife of Ashok Kumar, Resident of Mohalla - Ramlala Mathiya, P.O. and P.S. - Bhagwan Bazar, Chapra, District - Saran, Presently working as Block Teacher in M.S. Baldiha, Block - Amnaur, District - Saran. ... ... Petitioner/s
Versus
1.
The State of Bihar, through the Chief Secretary, Govt. of Bihar, Old Secretariat, Patna.
2.
The Additional Chief Secretary - Cum - Principal Secretary, Education Department, Govt. of Bihar, New Secretariat, Patna.
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The Director, Primary Education, Govt. of Bihar, New Secretariat, Patna. 4.
The Director, Secondary Education, Govt. of Bihar, Budh Marg, Patna. 5.
The Director, Bihar Education Project Council, Shiksha Bhawan, Rashtrabhasha Parishad Campus, Saidpur, Rajendra Nagar, Patna. 6.
The State Council of Educational Research and Training (SCERT), Mahendru, Tripolia, Patna through its Director. 7.
The District Education Officer, Saran at Chapra. 8.
The District Programme Officer (Establishment), Saran at Chapra. 9.
The District Programme Officer (SSA), Saran at Chapra. 10.
The Principal, District Institute of Education and Training (DIET), Chitrasenpur, Sonepur, District - Saran at Chapra. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bipin Bihari Singh, Advocate For the Respondent/s :
Mr.Shrimati Shilpa Singh ( GA- 12 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Date : 01-07-2022 Heard learned counsel for the parties.
Petitioners have prayed for the following relief(s):-
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14/19 Learned counsel for the State submits that the issue raised in this PIL can be best resolved at the local level by the appropriate authorities.
After the matter was heard for some time, learned
15/19 counsel for the petitioners, under instructions, states that petitioners shall be content if a direction is issued to the respondent no. 6, The State Council of Educational Research and Training (SCERT), Mahendru, Tripolia, Patna through its Director, to consider and decide the representation which the petitioners shall be filing within a period of four weeks from today for redressal of the grievance(s). Learned counsel for the respondents states that if such a representation is filed by the petitioners, the authority concerned shall consider and dispose it of expeditiously and preferably within a period of four months from the date of its filing along with a copy of this order.
Statement accepted and taken on record.
The Hon'ble Supreme Court in D. N. Jeevaraj Vs. Chief Secretary, Government of Karnataka & Ors, (2016) 2 SCC 653, paragraphs 34 to 38 observed as under:- "34. The learned counsel for the parties addressed us on the question of the bona fides of Nagalaxmi Bai in filing a public interest litigation. We leave this question open and do not express any opinion on the correctness or otherwise of the decision of the High Court in this regard.
35. However, we note that generally speaking, procedural technicalities ought to take a back seat in public interest litigation. This Court held in Rural Litigation and Entitlement Kendra v. State of U.P. [Rural Litigation and Entitlement Kendra v. State of U.P., 1989 Supp (1) SCC 504] to this effect as follows: (SCC p. 515, para 16) "16. The writ petitions before us are not inter
16/19 parties disputes and have been raised by way of public interest litigation and the controversy before the court is as to whether for social safety and for creating a hazardless environment for the people to live in, mining in the area should be permitted or stopped. We may not be taken to have said that for public interest litigations, procedural laws do not apply. At the same time it has to be remembered that every technicality in the procedural law is not available as a defence when a matter of grave public importance is for consideration before the court."
36. A considerable amount has been said about public interest litigation in R&M Trust [R&M Trust v. Koramangala Residents Vigilance Group, (2005) 3 SCC 91] and it is not necessary for us to dwell any further on this except to say that in issues pertaining to good governance, the courts ought to be somewhat more liberal in entertaining public interest litigation. However, in matters that may not be of moment or a litigation essentially directed against one organisation or individual (such as the present litigation which was directed only against Sadananda Gowda and later Jeevaraj was impleaded) ought not to be entertained or should be rarely entertained. Other remedies are also available to public spirited litigants and they should be encouraged to avail of such remedies.
37. In such cases, that might not strictly fall in the category of public interest litigation and for which other remedies are available, insofar as the issuance of a writ of mandamus is concerned, this Court held in Union of India v. S.B. Vohra [Union of India v. S.B. Vohra, (2004) 2 SCC 150: 2004 SCC (L&S) 363] that: (SCC p. 160, paras 12-13) "12. Mandamus literally means a command. The essence of mandamus in England was that it was a royal command issued by the King's Bench (now Queen's Bench) directing performance of a public legal duty.
13. A writ of mandamus is issued in favour of a person who establishes a legal right in himself. A writ of mandamus is issued against a person who has a legal duty to perform but has failed and/or neglected to do so. Such a legal duty emanates from either in discharge of a public duty or by operation of law. The writ of mandamus is of a most extensive remedial nature. The object of mandamus is to prevent disorder from a failure of justice and is required to be granted in all cases where law has established no specific remedy and whether justice despite demanded has not been granted."
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38. A salutary principle or a well-recognised rule that needs to be kept in mind before issuing a writ of mandamus was stated in Saraswati Industrial Syndicate Ltd. v. Union of India [Saraswati Industrial Syndicate Ltd. v. Union of India, (1974) 2 SCC 630] in the following words: (SCC pp. 641-42, paras 24-25)38. A salutary principle or a well-recognised rule that needs to be kept in mind before issuing a writ of mandamus was stated in Saraswati Industrial Syndicate Ltd. v. Union of India [Saraswati Industrial Syndicate Ltd. v. Union of India, (1974) 2 SCC 630] in the following words: (SCC pp. 641-42, paras 24-25) "24. The powers of the High Court under Article 226 are not strictly confined to the limits to which proceedings for prerogative writs are subject in English practice.
Nevertheless, the well-recognised rule that no writ or order in the nature of a mandamus would issue when there is no failure to perform a mandatory duty applies in this country as well. Even in cases of alleged breaches of mandatory duties, the salutary general rule, which is subject to certain exceptions, applied by us, as it is in England, when a writ of mandamus is asked for, could be stated as we find it set out in Halsbury's Laws of England (3rd Edn.), Vol. 11, p.
'198. Demand for performance must precede application.-As a general rule the order will not be granted unless the party complained of has known what it was he was required to do, so that he had the means of considering whether or not he should comply, and it must be shown by evidence that there was a distinct demand of
18/19 that which the party seeking the mandamus desires to enforce, and that that demand was met by a refusal.'
25. In the cases before us there was no such demand or refusal. Thus, no ground whatsoever is shown here for the issue of any writ, order, or direction under Article 226 of the Constitution."
As such, petition stands disposed of on the following terms:- (a) Petitioners shall approach the authority concerned within a period of four weeks from today by filing a representation for redressal of the grievance(s); (b) The authority concerned shall consider and dispose it of expeditiously by a reasoned and speaking order preferably within a period of four months from the date of its filing along with a copy of this order;
(c) The order assigning reasons shall be communicated to the petitioners;
(d) Needless to add, while considering such representation, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties; (e) Also, opportunity to place on record all relevant materials/documents shall be granted to the parties; (f) Equally, liberty is reserved to the petitioners to take
19/19 recourse to such alternative remedies as are otherwise available in accordance with law;
(g) We are hopeful that as and when petitioners takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch; (h) Liberty reserved to the petitioners to approach the appropriate forum/Court, should the need so arise subsequently on the same and subsequent cause of action;
(i) We have not expressed any opinion on merits. All issues are left open;
The petition stands disposed of in the aforesaid terms. Interlocutory Application(s), if any, stands disposed of. (Sanjay Karol, CJ) ( S. Kumar, J) Rajiv/veenaAFR/NAFR CAV DATE Uploading Date Transmission Date