Md. Mukhtar Ahmad Sabri And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18165 of 2016 ====================================================== 1.

Md. Mukhtar Ahmad Sabri Son of Md. Sabir, resident of Village- Baniya Pokhar, P.S.- Civil Line, Town and District- Gaya. 2.

Rajendra Prasad, son of Shri Vishwanath Prasad, resident of VillageDaulatpur Ganj, P.S.- Obra, district- Aurangabad. 3.

Ajay Kumar, son of Shri Ramsawaroop Das, resident of Village- Khudwan, P.S.- Khudwan, District- Aurangabad.

4.

Ram Ranjan Singh, Son of Shri Mohan Singh, resident of Village- Jamhor, P.S.- Jamhor, District- Aurangabad.

5.

Prabhat Ranjan, son of shri Govind Prasad, resident of Village- Kaswan, P.S.- Parsbigha Amain, District- Jehanabad.

6.

Gupteshwar Prasad, son of Sri Bishwanath Ram, Resident of VillageDaulatpurganj, P.S. Obra, District- Aurangabad. 7.

Sri Jai Prakash Ram, Son of Sri Ramswaroop Ram, resident of VillageShamshernagar, P.S.- Daudnagar, District- Aurangabad. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Education Department, Vikash Bhawan, Bailey Road, Patna.

2.

Director, Primary Education Department Government of Bihar, Vikash Bhawan, Patna.

3.

Regional Deputy Director of Education, Magadh Division, Gaya. 4.

District Education officer, Aurangabad.

5.

District Programme officer Establishment Aurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kishore Kumar Thakur, Advocate For the Respondent/s :

Mr.Madanjeet Singh- GP 20 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-08-2024 1.

Heard learned counsel for the parties concerned. 2.

The present writ application has been filed for a direction to the respondents to consider the claim of the petitioners for promotion as Headmaster.

3.

Learned counsel for the petitioners submits that a

Patna High Court CWJC No.18165 of 2016(6) dt.08-08-2024 2/2 counter affidavit has been filed, in which the stand has been taken by the respondents that promotion of Teachers to the post of Headmaster can be granted, if the Teachers are holding post-graduate qualification. Since the petitioners have obtained the post-graduate degree after 2013 i.e. in the year 2014-15 from private universities, which was not recognized to grant such degree, accordingly the petitioners are not entitled for promotion as the post-graduate degrees are invalid. Learned counsel further submits that the petitioners would satisfy the concerned authority about the validity of post-graduate degree, by filing a detailed representation before the Director, Primary Education, Bihar, Patna.

4.

In view of the submissions made by learned counsel for the petitioners, this writ application is disposed with liberty to the petitioners to file a detailed representation before the Director, Primary Education, Bihar, Patna, within a period of four weeks from today. If such a representation is filed, the Director, Primary Education is directed to dispose the same by passing a reasoned and a speaking order, in accordance with law, within a period of three months from the date of receipt of representation. (Anil Kumar Sinha, J) rinkee/- U