Ranjeet Kumar Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16691 of 2016 ====================================================== Ranjeet Kumar Mishra, son of Anand Chandra Mishra, Resident of Village and P.O. Saurath, P.S. Rahika, District-Madhubani. .... .... Petitioner

Versus

1. The State of Bihar, through the Chief Secretary Government of Bihar, Patna.

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

3. The Director, Primary Education, Education Department, Government of Bihar, Patna.

4. The Regional Deputy Director of Education, Darbhanga Division, Darbhanga.

5. The District Magistrate, Madhubani, District-Madhubani.

6. The District Education Officer, Madhubani, District-Madhubani.

7. The District Programme Officer (Establishment), Madhubani, DistrictMadhubani. .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Vijay Kumar Singh, Advocate. For the Respondents : Mr. Amarendra Kumar, A.C. to A.A.G. 15. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 11-04-2017 In this petition filed in public interest, the petitioner claiming to be a public spirited person makes challenge to promotions made by the Education Department on the post of the Assistant Teachers in various cadres. It is said that the illegalities and irregularities have been committed in the process initiated for promotion.

The Hon'ble Supreme Court in the case of Bholanath Mukherjee & Ors. Vs. Ramakrishna Mission Vivekananda Centenary College & Ors, reported in 2011(5) SCC 464 and

Patna High Court CWJC No.16691 of 2016 (3) dt.11-04-2017 2/2 thereafter the Delhi High Court in the case of W.P.(C) 1698/2017 (Forum of SC and ST Legislators and Parliamentarians Vs. Oil and Natural Gas Corporation Ltd. & Anr., recently on 27.02.2017 have laid down a principle that in the matter pertaining to service dispute, the 'Public Interest Litigation' is not maintainable. The aggrieved persons should ventilate the grievance by approaching the Court. That being so, at the instance of the petitioner who is not an aggrieved person, we are not inclined to go into the question.

However, with regard to any other allegations which can be investigated and looked into by the Vigilance Department of the State Government, in case, the petitioner has any grievance, he may take up the issue with the Vigilance Authority of the State Government or the Lokayukt Organization and it is for the authorities to look into the grievance of the petitioner in light of the statutory power available to them and dismissal of this writ petition shall not come in the way of this authority to consider the grievance of the petitioner. With the aforesaid observations, the petition stands dismissed.

(Rajendra Menon, CJ) (Sudhir Singh, J) U.K./- U