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Patna High CourtCWJC/7430/2025disposed

Niraj Kumar v. The State Of Bihar

2026-06-15Mr. Justice Alok Kumar Sinha4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7430 of 2025 ====================================================== Niraj Kumar Son of Chandradeo Prasad Sharma Resident of VillageThourkath, P.O.- Kolwara, P.S.- Pasraha, District- Khagaria, presently posted as Secondary Teacher, Upgraded High School, Harinmar, Bishanpur, DistrictMunger. ... ... Petitioner/s

Versus

1.

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

2.

The Deputy Secretary, Secondary Education Department, Govt. of Bihar, Patna.

3.

The District Magistrate, Munger.

4.

The Chief Executive Officer-cum- Deputy Development Commissioner, District Board, Munger.

5.

The In-charge Principal, Upgraded High School, Harinmar, Bishanpur, District- Munger.

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

For the Petitioner/s :

Mr. Ajit Kumar Singh, Adv For the Respondent/s :

Mr. Ramadhar Singh, Government Pleader (25) ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 15-06-2026 Heard learned counsel for the petitioner and learned counsel for the respondent-State.

2. With the consent of both the parties, this writ application is being disposed of at this stage itself.

3. In the present writ application, the petitioner has prayed for the grant of following reliefs:

"(i) For issuance of writ in the nature of Mandamus for directing the respondents to make entry in the service book of the petitioner with regard to his

2/4 higher qualification, i.e. Master of Arts in Political Science passed in Sessions 2016-18 after having taken permission by submitting his application for permission on 02.11.2016 to the Chief Executive Officer-cum-Deputy Development Commissioner, District Board, Munger, respondent no. 4 duly forwarded by the In-charge Principal, Upgraded High School, Harinmar, Bishanpur, District Munger, respondent no. 5 and also for issuance of writ in the nature of mandamus for direction directing the respondents to give all the consequential benefits to the petitioner in accordance with law and for any other relief or reliefs to which the petitioner is found entitled in the facts and circumstances of the case."

4. After advancing some argument, learned counsel for the petitioner submits that for seeking the aforesaid reliefs, the petitioner has already filed a representation dated 05.08.2024 (Annexure- P/3 series) before the respondent no. 4 i.e. the Chief Executive Officer-cum-Deputy Development Commissioner, District Board, Munger, which continues to be pending till date. He, therefore, submits that the petitioner would be satisfied if an appropriate direction be issued to the respondent no. 4 i.e. the Chief Executive Officer-cum-Deputy

3/4 Development Commissioner, District Board, Munger, to dispose of the pending representation of the petitioner within a fixed time frame, after giving an opportunity of hearing to the petitioner.

5. To the aforesaid prayer being made by learned counsel for the petitioner, learned counsel appearing for the respondent-State does not have any objection.

6. Considering the limited nature of prayer being made by learned counsel for the petitioner, this writ application is disposed of directing the respondent no. 4 i.e. the Chief Executive Officer-cum-Deputy Development Commissioner, District Board, Munger, to dispose of the pending representation of the petitioner dated 05.08.2024 (Annexure- P/3 series) within three months from the date of production of a copy of this order by the petitioner, after giving an opportunity of hearing to the petitioner. Needless to emphasize that the final order which shall be passed by the respondent no. 4 i.e. the Chief Executive Officer-cum-Deputy Development Commissioner, District Board, Munger, should be a reasoned and speaking order. In case, the petitioner is found entitled to the relief, which he has claimed through the representation, the same should be extended to the petitioner within a further period of three

4/4 months from the date of passing of the final order by the respondent no. 4 i.e. the Chief Executive Officer-cum-Deputy Development Commissioner, District Board, Munger.

7. With the aforesaid observation/direction, this writ application is disposed of. All pending interlocutory application(s), if any, shall also be deemed to have been disposed of.

(Alok Kumar Sinha, J) kiran/- U