Patna High CourtCWJC/8053/2017disposed

Ram Ratan Thakur And ANR v. The State Of Bihar And ORS

2018-09-27Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2367 of 2017 In Civil Writ Jurisdiction Case No.8053 of 2017 ======================================================

1. Ram Ratan Thakur, Senior Secondary School, Chak Mazahid, Parai, Mahua, Vaishali represented through its Principal.

2. Managing Committee Ram Ratan Thakur, Senior Secondary School, Chak Mazahid, Parai, Mahua, Vaishali being represented through its Secretary Ajay Bhushan Diwakar, Son of Late Ram Ratan Thakur, resident of Village- Shankarpur, P.S.- Mahua, District- Vaishali.

... ... Petitioner/s

Versus

1. The State of Bihar represented through Mr. Akhileshwar Pandey, Director, Secondary Education, Department of Human Resources, Government of Bihar, Patna.

2. Mr. Anand Kishore, Chairman, Bihar School Examination Board, Patna.

3. Mr. Anup Kumar Sinha, Secretary, Bihar School Examination Board, Patna.

4. Ms. Sangita Kumari, District Education Officer, Vaishali. ... ... Opposite Parties ====================================================== with Civil Writ Jurisdiction Case No. 8053 of 2017 ======================================================

1. Ram Ratan Thakur, Senior Secondary School, Chak Mazahid, Parai, Mahua, Vaishali represented through its Principal.

2. Managing Committee Ram Ratan Thakur, Senior Secondary School, Chak Mazahid, Parai, Mahua, Vaishali being represented through its Secretary Ajay Bhushan Diwakar, son of Late Ram Ratan Thakur, resident of Village- Shankarpur, P.S.- Mahua, District- Vaishali.

... ... Petitioner/s

Versus

1. The State of Bihar represented through Principal Secretary, Department of Human Resources, Government of Bihar, Patna

2. Director, Secondary Education, Department of Human Resources, Government of bihar, Patna.

3. Chairman, Bihar School Examination Board, Patna.

4. Chairman, Bihar School Examination Board, Patna.

5. District Education Officer, Vaishali.

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

(In Miscellaneous Jurisdiction Case No. 2367 of 2017) For the Petitioner/s :

Mr. Ajay Thakur For the BSEB :

Ms. Binita Singh

Patna High Court MJC No.2367 of 2017(7) dt.27-09-2018 2/3 For the State :

Mr. Ashutosh Ranjan Pandey - AAG- 15 Mr. Prabhat Ranjan Singh, AC to AAG-15 (In Civil Writ Jurisdiction Case No. 8053 of 2017) For the Petitioner/s :

Mr. Ajay Kumar Thakur Md. Imteyaz Ahmad For the State :

Mr. Kameshwar Kumar- GP-17 Mr. Amit Bhushan, AC to GP-17 For the BSEB :

Mr. Ajay Bihari Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 27-09-2018 CWJC No. 8053 of 2017 The issues involved in the present writ application is squarely covered by this Court's decision dated 24.08.2017 rendered in C.W.J.C. No. 1366 of 2017 (Ucchatar Madhyamik School (+2) Vs. The State of Bihar and others) and other analogous matter, which also came to be affirmed by a Division Bench of this Court in L.P.A. No. 1431 of 2017 (Bihar School Examination Board and Others vs. Asha Sinha Memorial Uchcha Madhyamik Vidyalaya and others) and other analogous matters disposed of on 13.07.2018.

In above view of the matter, this writ application also stands disposed of in the same terms and directions as passed in Ucchatar Madhyamik School (+2) Vs. The State of Bihar and others (supra).

MJC No. 2367 of 2017 The disobedience on the part of the Board does not appear to be deliberate in view of the subsequent conduct. This

Patna High Court MJC No.2367 of 2017(7) dt.27-09-2018 3/3 application also stands disposed of.

(Chakradhari Sharan Singh, J) Ashish/- U