Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8892 of 2024 ====================================================== Ajay Kumar Son of Sri Kapildev Sharma, Resident of Village and Post Office- Mandachh, P.S.- Ekangarsarai (Telhara), District- Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Education Department, Government of Bihar, Patna.

2.

The Special Director, Secondary Education, Bihar, Patna. 3.

The Administrator, Bihar Sanskrit Education Board, Patna. 4.

The Secretary, Bihar Sanskrit Education Board, Bihar, Patna. 5.

The Chairman, Bihar Sanskrit Education Board, Bihar, Patna. 6.

The District Magistrate, Biharsharif Nalanda. 7.

The District Education Officer, Biharsharif Nalanda. 8.

The District Programme Officer, (Establishment), Biharsharif Nalanda. 9.

The Secretary, Managing Committee of Rambriksh Sanskrit Primary-cumMiddle School, Mandachh, Biharsharif Nalanda. 10.

Headmaster of Rambriksh Sanskrit Primary-cum-Middle School, Mandachh, Biharsharif Nalanda.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shivendra Prasad For the Respondent/s :

Mr. Government Pleader 24 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-12-2024 Heard learned counsel for the parties.

2. The present writ application has been filed for quashing the order contained in memo no. 1910 dated 05.04.2024 passed by the respondent Secretary of the Sanskrit Education Board, Patna whereby and where under the earlier orders baring memo no. 3205 dated 08.10.2021 and memo no. 1288 dated 30.04.2022 passed by the Secretary of the Board regarding appointment of petitioner have been canceled/set aside.

3. At the outset, learned counsel for the State raises preliminary objection on the maintainability of writ petition and submits that the petitioner has got alternative remedy of filing

Patna High Court CWJC No.8892 of 2024(2) dt.02-12-2024 2/2 appeal before the before the Special Secretary, Education Department government of Bihar.

4. Learned counsel for the petitioner does not dispute the above proposition.

5. Since, the petitioner has got statutory alternative remedy of filing appeal before the Special Secretary, Education Department government of Bihar, this Court is not inclined to interfere in the matter.

6. Accordingly, writ petition is disposed of with direction to the petitioner to file an appeal before the Special Secretary, Education Department government of Bihar. In the event, such appeal is filed within six weeks from today, the same shall be disposed of by a reasoned order in accordance with law after hearing the parties.

7. Needless to state here that the issue of limitation, if any, arises, the same may be considered as the petitioner was pursuing the matter before this Court.

8. With above observation & direction, the writ petition stands disposed of.

(Prabhat Kumar Singh, J) Prakash/- U