Patna High CourtCWJC/12838/2017disposed

Lakshmi Mishra v. The State Of Bihar And ORS

2018-04-03Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12838 of 2017 ====================================================== Lakshmi Mishra, W/o Sri Upendra Prasad Mishra, Resident of Village and P.O.- Kanta, P.S.- Gaighat, District- Muzaffarpur. ... ... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Education Department, Govt. of Bihar, New Secretariat, Patna.

2. The Director, Secondary Education, Govt. of Bihar, Patna.

3. The District Education Officer, Vaishali.

4. The Headmaster, Raghunandan Project Girls High School, Kanta, P.S.- Gaighat, District- Muzaffarpur.

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

For the Petitioner/s :

Mr. Bipin Bihari Singh For the Respondent/s :

Smt. Shilpa Singh-Ga12 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 03-04-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Learned counsel for the petitioner submits that the issue raised in the present writ application is no more res integra.

Referring to Annexure-8 and 9 he submits that the present writ application is squarely covered by the decision of this court in C.W.J.C. No. 18860 of 2011 and analoguous cases dated 4.4.2012 and C.W.J.C. No. 20935 of 2012 dated 21.2.2013.

In view of the above, the writ petition is disposed of with direction to the respondents to examine the claim of the

Patna High Court CWJC No.12838 of 2017(3) dt.03-04-2018 2/2 petitioner in the light of the aforesaid decision of the High Court mentioned hereinabove and in case the petitioner's claim is found covered by the aforesaid decision, necessary order may be issued by the respondents within a period of sixty days from the date of receipt/production of a copy of this order. In the event the case of the petitioner is distinguishable on facts and law, the respondents are required to give reason for rejecting the claim of the petitioner and indicate how the case of the petitioner is different from the case mentioned hereinabove.

The entire exercise must be taken by the respondents within the period as indicated above.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U