Nand Kishore Prasad v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11353 of 2016 =========================================================== Nand Kishore Prasad Son of Shri Baleshwar Prasad Yadav, resident of VillageChandi, Police Station- Ariari, District- Sheikhpura. .... .... Petitioner/s
Versus
1. The State of Bihar through the Special Secretary, Department of Human Resources, Government of Bihar, Patna.
2. The District Education Officer (D.E.O.) Sheikhpura, District- Sheikhpura.
3. The Block Development Officer under Block Ariari, District- Sheikhpura.
4. The District Magistrate (D.M.), District- Sheikhpura. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Satish Kumar, Advocate For the Respondent/s : Mr. Sanjay Kuamr, AC to GA-13 =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 06-03-2018 Heard learned counsel for the petitioner and State. The claim of the petitioner for payment of salary raised in the present writ application has been contested by the respondents on the ground that the degree of Shiksha Visharad obtained from Hindi Sahitya Sammellan, Allahabad is not recognized by the Government of Bihar. Reliance has been placed on the order of the Principal Secretary, Education Department, as contained in Memo no. 1948 dated 20.11.2008.
In view of the stand taken in the counter affidavit and placing reliance on the order dated 20.11.2008, learned counsel for the State submitted that the petitioner is not entitled to any relief, much less in the nature of direction to the respondents to pay salary, as
Patna High Court CWJC No.11353 of 2016 dt.06-03-2018 2/2 appointment of the petitioner itself is void, as obtained on the basis of a certificate, which was never recognized by the State Government. In view of the above, this Court finds no merit in this writ application and the writ application is dismissed, as void. (Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date07.03.2018 Transmission Date