Hasnain Ahmad Rabbani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL REVIEW No.91 of 2022 In Civil Writ Jurisdiction Case No.10991 of 2021 ====================================================== Hasnain Ahmad Rabbani Son of Late Abdul Ahad, Resident of Village-Pakari Pakohi, P.S.-Karja, District-Muzaffarpur.

... ... Petitioner/s

Versus

1.

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

2.

The District Education Officer, Muzaffarpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Parasmani, Advpcate For the Opposite Party/s :

Mr. Ajay Kumar Rastogi (AAG-10) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 03-07-2025 Heard the parties.

2. The present petition has been preferred for the grant of following relief(s):

"for review/recall of the order dated 12.04.2022 passed in CWJC No. 10991 of 2021 by HMJ Sanjeev Prakash Sharma (as his lordship then was)."

3. The writ petition was preferred for the grant of following relief(s):

"i. A writ in nature of certiorari or any other writ or order or direction be issued quashing the office order vide Memo no. 501/ Muzaffarpur

2/5 dated-04.12.2017 issued under signature of District Education Officer, Muzaffarpur, whereby and whereunder he has granted sanction for whereunder he has granted sanction for prosecution of petitioner.

ii. Any other writ or order or direction to which the petitioner is found entitled by this Hon'ble Court may kindly be issued."

4. The matter was taken up by the learned Writ Court on 12.04.2022 and the following order was passed: "Heard the parties.

Considering it that this matter is covered by the Judgment dated 23.02.2022, passed in C.W.J.C. No. 5489 of 2020 (Suresh Ram Vs. The State of Bihar & Ors.) and connected matters reported in 2022 (2) B.L.J., 381 and the Judgment dated 07.03.2022, passed in C.W.J.C. No. 34 of 2022 (Minakshi @ Sushre Minakshi & Anr. Vrs.

The State of Bihar & Ors.), this petition is disposed of with the above terms.

If an appeal is preferred before the District Appellate Authority/ State Appellate

3/5 Authority, the same shall be taken up at the earliest and preferably decided within a period of three months."

5. Aggrieved, the present review petition.

6. The case of the petitioner is that entirely different prayer was there before the writ Court which is not the subject matter of the appellate authority where the matter was sent but alongwith the batch cases and taking note of the similar order passed in Suresh Ram (CWJC No. 5489 of 2020), the matter was disposed of.

7. In support of the aforesaid contention that the writ petition be revived, the Division Bench judgment dated 18.01.2023 in LPA No. 255 of 2022 (Dhananjay Singh vs. State of Bihar and Ors.) and analogous cases have been provided to the Court.

8. The relevant part of the LPA No. 255 of 2022 (Dhananjay Singh vs. State of Bihar and Ors.) read as follows: "Learned counsel for the appellants submitted that the decided case in the case of Suresh Ram is in respect of such of those persons who were appointed as Panchayat Teacher in the respective Panchayat. On the other hand,

4/5 appellants' case are that they were appointed as Teacher in the Education Department of State of Bihar and they were recruited through the BPSC and they are governed by a separate rule of recruitment. Therefore, the cited decision by the learned Single Judge is not applicable to the case of the appellants.

The aforementioned statement has not been disputed by the learned State Counsel.

In the light of these facts and circumstances, order of the learned Single Judge dated 22.03.2022 passed in C.W.J.C. No. 2804 of 2022 is set aside and all the C.W.J.C. petitions are remanded to the learned Single Judge."

9. A perusal of the aforesaid order dated 18.01.2023 by the Division Bench shows that taking note of the fact that the subject matter was different, the order of the learned Single Judge dated 22.03.2022 in CWJC No. 2804 of 2022 was set aside and all the writ petitions were remanded to the learned Single Judge.

10. Learned State counsel has also gone through the Division Bench judgment and concurs with the submission of

5/5 the learned counsel for the petitioner that the subject matter of this case is entirely different and in that background, erroneously, the matter was referred to the appellate authority.

11. In that background, the review petition is allowed.

12. The order passed in CWJC No. 10991 of 2021 on 12.04.2022 stands recalled.

13. Office to do the needful and place the CWJC No. 10991 of 2021 before an appropriate Bench.

14. The review petition stands disposed of.

(Rajiv Roy, J) Adnan/- U