Patna High CourtCWJC/1502/2012dismissed

Dashrath Paswan v. The State Of Bihar And ORS

2016-09-26Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1502 of 2012 ======================================================

1. Dashrath Paswan Son of Late Ram Kishun Paswan Resident of Village + P.O.-Uttanama, P.S.-Rahui, Distt.-Nalanda, at present posted as In-Charge Principal in Adarsh Madhya Vidyalya Mahammadpur (Ashawan) (Nalanda) .... .... Petitioner/s

Versus

1. The State of Bihar through its Principal Secretary Education Department, Bihar, Patna

2. The District Primary Education, Bihar, Patna

3. The Regional Deputy Director, Patna Pramandal, Patna

4. The District Magistrate, Nalanda

5. The District Programme Officer (Establishment), Nalanda

6. The District Superintendent of Education, Nalanda

7. The District Education Officer, Nalanda

8. The Block Development Officer, Asthawan, Nalanda

9. Rajendra Prasad S/O Late Prasadi Mahto Resident of Village + P.O.- Daruara, Noorsarai, P.S.-Noorsarai, Distt.-Nalanda at present posted as Assistant Teacher in Adarsh Madhya Vidaylaya Mahammadpur (Asthawan) (Nalanda) .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kumar Malendu, Adv. For the Respondent/s : Mr. Upendra Pratap Singh, A.C. to S.C.4 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 26-09-2016 None appears on behalf of the petitioner.

Mr. Upendra Pratap Singh learned A.C. to S.C.4 submits that the petitioner has questioned the order dated 27.12.2011 passed by the respondent District Programme Officer whereby the respondent No.9 has been authorized to work as Incharge Principal of the school in question which has aggrieved the petitioner. He refers to the statement made in paragraph 5 of the counter affidavit filed on behalf of the State to submit that since

Patna High Court CWJC No.1502 of 2012 (5) dt.26-09-2016 2/2 the respondent N.9 was found to be senior than the petitioner, that the Incharge work of the Principal was handed over to him. No rejoinder has been filed to the counter affidavit by the State.

In the circumstances, no cause for indulgence is made out. The writ petition is dismissed.

(Jyoti Saran, J) Bibhash/- U