Md. Imran Alam And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9771 of 2017 ======================================================

1. Md. Imran Alam, Son of Late Md. Sikandar Alam, resident of Village Nemol, P.S. & Block Azamnagar, District- Katihar.

2. Santosh Kumar Bharti Son of Sri Suresh Sharma, resident of Village Hario, P.S. & Block Bihpur, Dist. Bhagalpur.

3. Niraj Paswan, Son of Sri Pandit Paswan, Resident of Village Hario, P.S. & Block Bihpur, Dist. Bhagalpur.

4. Sanjeev Kumar Bharti Son of Late Chaturi Paswan, resident of Village- Hario, P.S. & Block Bihpur, Dist. Bhagalpur.

5. Meera Kumari, Wife of Sri Ashok Singh, resident of VillageHario, P.S. & Block Bihpur, Dist. Bhagalpur.

6. Manish Kumar Singh, Son of Sri Arun Singh, resident of Village- Hario, P.S. & Block Bihpur, Dist. Bhagalpur.

7. Kanchan Kumari Wife of Subodh Rajpal, Resident of Village Maheshpur, P.S. and Block Bihpur, Distt. Bhagalpur.

8. Rakesh Kumar Roshan, Son of Dasrath Yadav, resident of Village Sahori, P.S. & Block Bihpur, Distt. Bhagalpur.

9. Shambhu Nath Pandit, Son of Late Sukhdeo Pandit, resident of Village- Jairampur, P.S & Block- Bihpur, Distt.- Bhagalpur.

10. Renu Devi, Wife of Manoj Kumar Bharti, Resident of Village Sahori, P.S. & Block Bihpur, Distt. Bhagalpur. 11.Subodh Yadav, Son of Sri Nand Kishore Yadav, resident of Village Jhandapur, P.S. & Block- Bihpur, Distt. Bhagalpur.

12. Sulakshana Bulbul, Wife of Late Harijha, resident of Village Sonbarsa, Dakshin, P.S. & Block Bihpur, Distt. Bhagalpur.

13. Shobha Kumari, Wife of Suman Kumar Thakur, resident of Village Narkatia, Police Station- & Block- Bihpur Distt Bhagalpur.

14. Pandav Bosak Son of Late Phuchal Bosak, resident of Village Srikol, Police Station & Block Azamnagar, Distt. Katihar.

15. Chandra Shekhar Biswas Son of Ram Nath Biswas, resident of Village Pastia, P.S. & Block, Azamnagar, Distt. Katihar.

16. Saiyad Azhar Ali, Son of Saiyad Ashagar Ali, Resident of Village Kamalpur, P.S. & Block Azamnagar, Distt. Katihar.

17. Sunita Kumari, Wife of Hare Ram Yadav, resident of Village Basatpur, P.S. & Block- Simri Bakhtiyarpur, Distt.- Saharsa. ... ... Petitioners

Versus

1. The State of Bihar.

2. The Principal Secretary Department of Human Resources Development, Government of Bihar, Patna.

3. The Director Primary Education, Government of Bihar, Patna. ... ... Respondents ====================================================== Appearance :

Patna High Court CWJC No.9771 of 2017(2) dt.18-12-2018 2/3 For the Petitioners :

Mr. Sabal Kumar Jha, Advocate For the State :

Mr. Shankar Kumar Thakur, AC to GP 27 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 18-12-2018 Petitioners counsel submits that claim of the petitioners and the grounds raised by them are similar to the case of Prafful Kumar Mandal vs. the State of Bihar and others in C.W.J.C.No. 1109 of 2017. Order dated 19.9.2018, passed in said case covers issues involved in the present case. He submits that under similar circumstances, this Court vide order dated 19.9.2018, passed in another similar matter bearing C.W.J.C.No. 13677 of 2016 has directed the authorities to examine the issue and in case the same is found covered by the case of the Prafful Kumar Mandal then the petitioners are to be extended the similar benefits. He submits that if a similar order is passed , petitioners' grievances are likely to be redressed.

In view of limited nature of prayer made by learned counsel for the petitioners, this writ petition is disposed of with the same observation. Authorities should examine claim of the petitioners and if it is "covered matter" with that of C.W.J.C.No. 1109 of 2017, the authorities would be obliged to extend the same also taking into considerations their own Bihar State Litigation Policy, 2011

Patna High Court CWJC No.9771 of 2017(2) dt.18-12-2018 3/3 and more specifically Clause 4(C)(1) thereof. (Madhuresh Prasad, J) Shashi U