Vijay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9675 of 2023 ====================================================== Vijay Kumar Singh, Son of Kamini Kumar Singh, Resident of Village and Post- Ramchua, P.S.- Shambhuganj, District- Banka, State Bihar. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Banka.

3.

The District Education Officer, Banka.

4.

The Block Education Officer, Belhar (Banka).

5.

Vimalendu Kumar, Son of Sachidanand Prasad Resident of VillageKhajuridih, P.O.- Chhatrahar, P.S. Shambhuganj, District- Banka. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr. Mujtabaul Haque ( GP 12 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 14-07-2023

1. Consistently, none appeared for the petitioner on two days when the matter was posted before this Court. Today, we kept it aside for hearing and again took up the matter when too there was no appearance; in which circumstance, we perused the writ petition and heard the respondent-State.

2. The writ petition is in the nature of a public interest litigation, seeking termination of private respondent no.5, who is appointed against the post of Assistant Teacher in Middle School Navibandh Belhar, District-Banka, allegedly on the basis

Patna High Court CWJC No.9675 of 2023 dt.14-07-2023 2/2 of fictitious documents. It is trite that service matters cannot be agitated on public interest. Obviously, the petitioner, on inimical terms with the 5th respondent, is agitating the cause by way of a writ petition, that too a PIL.

3. We find absolutely no reason to invoke the extraordinary writ jurisdiction under Article 226 of the Constitution of India in such matters, especially in a PIL. The writ petition stands dismissed.

(K. Vinod Chandran, CJ) (Partha Sarthy, J) Sunil/- AFR/NAFR NAFR CAV DATE Uploading Date 18.07.2023 Transmission Date