Hare Ram Sah And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18372 of 2014 ======================================================

1. Hare Ram Sah Son of Late Kharkan Sah resident of village + Post Office - Chikni Fulkaha, Police Station - Gamaharia, District - Madhepura, at present posted as Acting Principal, Dr. N.U.Y. Inter College, Fulkaha,

2. Chandra Shekhar Kumar Son of Bechan Yadav resident of village + Post Office - Chikni Fulkaha, Police Station - Gamaharia, District - Madhepura, at present posted as Head Clerk, Dr. N.U.Y. Inter College, Fulkaha,

3. Krishanadeo Yadav Son of Khedo Yadav resident of village + Post Office - Chikni Fulkaha, Police Station - Gamaharia, District - Madhepura, at present posted as Treasurer, Dr. N.U.Y. Inter College, Fulkaha,

4. Bijay Gupta Son of Parmeshwari Gupta resident of village + Post Office - Chikni Fulkaha, Police Station - Gamaharia, District - Madhepura, at present posted as Lecturer, Department of Chemistry, Dr. N.U.Y. Inter College, Fulkaha, Madhepura.

5. Sitesh Kumar Son of Kamleshwari Prasad Yadav resident of village + Post Office - Chikni Fulkaha, Police Station - Gamaharia, District - Madhepura, at present posted as Lecturer, Department of Physics, Dr. N.U.Y. Inter College, Fulkaha, Madhepura.

6. Md. Fida Hussain Son of Md. Safiq resident of village + Post Office - Chikni Fulkaha, Police Station - Gamaharia, District - Madhepura, at present posted as Lecturer, Department of Urdu, Dr. N.U.Y. Inter College, Fulkaha, Madhepura.

7. Manikant Priyadarshi Son of Dr. Upendra Yadav resident of village + Post Office - Chikni Fulkaha, Police Station - Gamaharia, District - Madhepura, at present posted as Lecturer, Department of History, Dr. N.U.Y. Inter College, Fulkaha, Madhepura.

8. Chandra Bhushan Kumar Son of Bhubneshwari Yadav resident of village + Post Office - Chikni Fulkaha, Police Station - Gamaharia, District - Madhepura, at present posted as Lecturer, Department of Hindi, Dr. N.U.Y. Inter College, Fulkaha, Madhepura.

9. Upendra Narayan Pandit Son of Lalo Pandit resident of village + Post Office - Chikni Fulkaha, Police Station - Gamaharia, District - Madhepura, at present posted as Lecturer, Department of Economics, Dr. N.U.Y. Inter College, Fulkaha, Madhepura.

10. Brahmdeo Kumar Son of Late Lakhan Yadav resident of village + Post Office - Chikni Fulkaha, Police Station - Gamaharia, District - Madhepura, at present posted as Lecturer, Department of Maithili, Dr. N.U.Y. Inter College, Fulkaha, Madhepura.

11. Shambhu Gupta Son of Late Laksami Gupta resident of village + Post Office - Chikni Fulkaha, Police Station - Gamaharia, District - Madhepura, at present posted as Lecturer, Department of Maithili, Dr. N.U.Y. Inter College, Fulkaha, Madhepura.

12. Ram Narayan Yadav Son of Kamleshwari Yadav resident of village + Post Office - Chikni Fulkaha, Police Station - Gamaharia, District - Madhepura, at present posted as Lecturer, Department of Sociology, Dr. N.U.Y. Inter College, Fulkaha, Madhepura.

13. Shivdhar Yadav Son of Darbari Yadav resident of village- Mehasimar,

2/4 Police Station - Kishanpur, District - Supoul, presently posted as Clerk, Dr. N.U.Y. Inter College, Fulkaha, Madhepura.

14. Sikandar Kumar Son of Late Tulsi Yadav resident of village + Post Office - Chikni Fulkaha, Police Station - Gamaharia, District - Madhepura, postedas Lab. Incharge of Psychology, Dr. N.U.Y. Inter College, Fulkaha,

15. Subhash Yadav Son of Late Kokay Prasad Yadav resident of village + Post Office - Chikni Fulkaha, Police Station - Gamaharia, District - Madhepura, at present posted as Store Keeper, Department of Psychology, Dr. N.U.Y. Inter College, Fulkaha, Madhepura.

16. Sanjeev Kumar Son of Prithavi Sah resident of village + Post Office - Chikni Fulkaha, Police Station - Gamaharia, District - Madhepura, posted as Lab Incharge, Department of Zoology,, Dr. N.U.Y. Inter College, Fulkaha,

17. Mahadeo Yadav Son of Late Raudi Yadav resident of village + Post Office - Chikni Fulkaha, Police Station - Gamaharia, District - Madhepura, posted as Peon, Dr. N.U.Y. Inter College, Fulkaha, Madhepura.

18. Devendra Chaudhary Son of Late Saryug Chaudhary, resident of village + Post Office - Chikni Fulkaha, Police Station - Gamaharia, District - Madhepura, posted as Laboratory Keeper, Dr. N.U.Y. Inter College, Fulkaha, Madhepura.

19. Birendra Sah., Son of Sakaldeo Sah resident of village - Giwachpur, Post Office- Bharchi Bazar, Police Station - Madhepura, DistrictMadhepura, presently posted as Peon, presently posted as Peon, Dr. N.U.Y. Inter College, Fulkaha, Madhepura.

20. Durga Prasad Yadav Son of Late Gullthen Prasad Yadavn, resident of village + Post Office - Chikni Fulkaha, Police Station - Gamaharia, District - Madhepura, posted as Night Watchman, Dr. N.U.Y. Inter College, Fulkaha, Madhepura.

21. Uday Kumar Son of Kusho Sah resident of village - Chikni Fulkaha, Police Station - Gamaharia, District- Madhepura, presently posted as Laboratory Keeper, Dr. N.U.Y. Inter College, Fulkaha, Madhepura.

22. Ajay Kumar Son of Bhubneshwari Yadav resident of village - Chikni Fulkaha, Police Station - Gamaharia, District - Madhepura, presently posted as Gardener Dr. N.U.Y. Inter College, Fulkaha, Madhepura.

23. Birendra Yadav Son of Late Khikhar Yadav resident of village and Post Office - Chikni Fulkaha, Police Station - Gamaharia, District- Madhepura, presently posted as Peon, Dr. N.U.Y. College, Fulkaha, Madhepura. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Principal Secretary, Education Department, Government of Bihar, New Secretariat, Bailey Road, Patna.

3. The Director, Secondary Education, Government of Bihar, Budh Marg, Patna.

4. The Chairman, Bihar School Examination Board, Patna.

5. The Secretary, Bihar School Examination Board, Patna.

6. The District Magistrate, Madhepura.

7. The District Education Officer, Madhepura.

8. The Sub divisional Officer, Madhepura.

9. Dr. Narayani Yadav, Chairman, Managing Committee, Dr. N.U.Y. Inter

3/4 College, Fulkaha, Madhepura, W/o Upendra Narayan Yadav, Resident of Village and Post Office- Chikni Fulkaha, Police Station - Gamaharia, District- Madhepura.

10. Dr. Upendra Narayan Yadav,Secretary, Dr. N.U.Y., Inter College, Fulkaha, Madhepura, Son of Late Dhuthar Yadav, Resident of Village and Post Office - Chikni Fulkaha, Police Station -Gamaharia, District- .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dinesh Kr. @ Khoorpiwala, Advocate For the Respondent/s : Mr. Avnish Nandan Sinha, G.P-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-08-2018 Heard the learned counsel for the petitioner and counsel appearing on behalf of the State.

The issue raised in the writ application can appropriately decided by appellate forum constituted under the scheme of Bihar Secondary School Examination Board Regulation, 2011 amended in 2013.

In view of the above, this writ petition is disposed of with a liberty to approach the Appellate Authority constituted under the aforesaid regulation. In case such appeal is filed by the petitioner within a period of one month from the date of receipt / production of a copy of this order, the Appellate Authority will condone delay in filing the appeal in view of the fact that the present writ petition is present remain pending for near four years. The Appellate Authority is expected to decide the appeal

4/4 expeditiously in accordance with law on its own merit. With the aforesaid observation and direction, this writ petition is disposed of.

(Anil Kumar Upadhyay, J) Sanjeev/Ranjeet U