Binayak Prasad Yadav And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10826 of 2018 ======================================================

1. Binayak Prasad Yadav S/o Late Raj Kumar Yadav, Resident of VillageSimraha, P.O.- SarojaBela Via Nirmali, P.S.- Marauna, District- Supaul.

2. Ram Bilas Safi, S/o Shobhit Lal Safi, Resident of Village- Nirmali Punarwas, Ward No. 6, P.O. P.S.- Nirmal, District- Supaul.

3. Satya Narayan Yadav, S/o Shri Malik Yadav, Resident of Village- Nirmali Punarwas, Ward No. 6, P.O. P.S.- Nirmal, District- Supaul.

4. Kiran Kumari, W/o Shri Narayan Prasad Singh, Resident of VillageJahalipatti, P.O. Parsa, P.S. Ghoghardiha, District- Madhubani.

5. Raj Kumar, S/o Late Jamadar Yadav, Resident of Village- Nirmali, Ward No. 6, P.S.- Nirmali, District- Supaul.

6. Vijay Kumar Mandal, S/o Baldeo Mandal, Resident of Village P.O.- Nirmali, Ward No. 6, P.S. Nirmali, District- Supaul.

7. Ajay Kumar, S/o Late Shib Dutta, Resident of Village- Brahmottar, P.O.- Khorma, P.S.- Marauna, District- Supaul.

... ... Petitioner/s

Versus

1. The State of Bihar

2. Principal Secretary, Primary Education, Govt of Bihar, Patna

3. Director, Primary Education, Bihar, Patna.

4. Regional Deputy Director of Education, Koshi Division, Saharsa.

5. District Superintendent of Education, Supaul.

6. District Program Officer, Madhubani.

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

For the Petitioner/s :

Mr.Santosh Kumar Verma For the Respondent/s :

Smt. Shilpa Singh, GA-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-01-2019 At the outset, the learned counsel for the petitioners seeks to withdraw the present writ petition qua the petitioner no. 4 in order to file a fresh writ petition.

Permission is granted.

The writ petition qua the petitioner no. 4, is dismissed as withdrawn with liberty to file a fresh writ petition. The learned counsel for the petitioners submits that the

Patna High Court CWJC No.10826 of 2018(3) dt.28-01-2019 2/2 petitioners would be satisfied in case their claims is considered in terms of the judgment of this Court dated 31.03.2011 passed in CWJC No. 6139 of 2007 (Ram Ashis Tiwari & ors. vs. The State of Bihar & ors.). Accordingly, it is directed that in case the petitioners file a representation before the District Superintendent of Education, Supaul i.e. respondent no. 5 within a period of four weeks from today, the District Superintendent of Education, Supaul i.e. respondent no. 5 shall dispose off the same by a speaking and reasoned order within a period of eight weeks thereafter by adjudicating as to whether the case of the petitioners are similar to that of Ram Ashis Tiwari (Supra) and in case it is found that the case of the petitioners is similarly situated, similar benefits would be granted to the petitioners herein.

The writ petition is disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U