The State Of Bihar And ORS v. Md. Rafique Alam And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL REVIEW No.436 of 2018 In Civil Writ Jurisdiction Case No.15704 of 2017 ====================================================== 1.

The State Of Bihar and Ors 2.

The Principal Secretary, Education Department, Government of Bihar, Patna.

3.

The Principal Secretary, Department of Personnel and Administrative Reforms, Government of Bihar, P 4.

The Director, Mass Education, Education Department, Government of Bihar, Patna.

5.

The District Education Officer, Araria.

6.

The District Education Officer, Khagaria.

7.

The District Education Officer, West Champaran. ... ... Petitioner/s

Versus

1.

Md. Rafique Alam and Ors S/o Md. Idrish resident of village - Bhag Mohabbat, P.O. - Rajokhar, P.S. - Araria, District - Araria. 2.

Deepak Prasad Yadav S/o Shri Ram Chandra Rai resident of village - Landara Dih Mushari, P.S. - Alauli, District - Khagaria. 3.

Mamur Alam S/o Mustaquim Sheikh resident of village - Bhawanipur, P.O. - Kurshibarwa, P.S. - Sikta, District - West Champaran. 4.

Ram Deo Ram S/o Shri Bhawan Ram resident of village - Mangalpur, P.O. - Baheri Bankatwa, P.S. - Sikta, District - East Champaran. 5.

Nandu Ram S/o Shri Jagdeo Hazara resident of village P.O. - Kursibarwa, P.S. - Sikta, District - West Champaran.

6.

Hari Narayan Ram S/o Late Jamardar Ram resident of village - Mangalpur Baheri, P.O. - Baheri, P.S. - Sikta, District - West Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs.Abhanjali, AC to GA 12 For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-03-2019 Since the order under review was passed with consent of the parties, no interference is required in the present case, however, it has been pointed out that the Judgment passed

Patna High Court C. REV. No.436 of 2018(4) dt.27-03-2019 2/3 by the learned Division Bench in LPA No. 1047 of 2017, on the basis whereof the original writ petition was disposed of, has been modified by a Judgment of the learned Division Bench dated 27.06.2018 passed in Civil Review No. 59 of 2018 by which it has been directed that the matter be listed after passing of the order by the Hon'ble Apex Court in SLP (C) No. ...... of 2017 (Diary No. 25804 of 2017).

In view of the aforesaid submission of the learned counsel appearing for the petitioners-The State of Bihar, the order dated 15.03.2018 passed in CWJC No. 4249 of 2018 is modified to the extent that the same would abide by the final decision to be rendered by the Hon'ble Apex Court in SLP(C) No. ... of 2017 (Diary No. 25804 of 2017).

In view of the fact that the judgment passed by the learned Division Bench in L.P.A. No. 1047 of 2017, which was the basis for disposing of the original writ petition, has been modified by the learned Division Bench by a judgment dated27.06.2018 passed in Civil Review No. 59 of 2018, the consequences have to follow, hence, there is no need of issuing notice to the private respondent and the matter is now required to be governed by the judgment to be rendered by the Hon'ble Apex Court in SLP ( C) No. ......... of 2017 (Diary No. 25804of

Patna High Court C. REV. No.436 of 2018(4) dt.27-03-2019 3/3 2017) as well as by the final outcome of Civil Review No. 59of 2018, which is pending adjudication before a learned Division Bench of this Court.

The present review petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) Tiwary/- U