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Patna High CourtCWJC/10429/2017disposed

Kalamin Nesha And ORS v. The State Of Bihar And ORS

2017-08-21Mr. Justice Ahsanuddin Amanullah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10429 of 2017 ===========================================================

1. Kalamin Nesha, daughter of Sanaullah Ansari, Resident of VillageRaghunathpur, Police Station- Paharpur, District- East Champaran.

2. Moh. Alauddin Ansari @ Mohd. Alauddin, son of Jalaluddin Ansari, Resident of Village- Siswa Bazaar, Police Station Paharpur, District- East Champaran.

3. Naseem Alam, son of Noor Alam, Resident of Village- Saraiya Bazaar, Police Station Paharpur, District- East Champaran.

4. Parwej Alam, son of Yakub Ansari, Resident of Village- Areraj, Police StationGovindganj, District- East Champaran.

5. Saheb Ali, son of Late Harun Rashid, Resident of Village- Lagunia, Police Station- Paharpur, District- East Champaran.

6. Sanjeed Khatoon, daughter of Salim Ansari, Resident of Village- Noniya Choubey Tola, Police Station Paharpur, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Human Resource Development Department, Govt. of Bihar, Patna.

2. The Director, Primary Education, Bihar, Patna.

3. The Director, Jan Shiksha, Education Department, Bihar, Patna.

4. The District Magistrate, East Champaran at Motihari.

5. The District Education Officer, Motihari, East Champaran.

6. The District Programme Officer (Training RMSA & Literacy), Motihari, East Champaran.

7. The District Programme Officer, Sarva Shiksha Abhiyan, East Champaran.

8. The Block Education Officer, Areraj Block, District East Champaran.

9. The Block Education Officer, Paharpur Block, District East Champaran. .... .... Respondent/s =========================================================== Appearance:

For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocat For the Respondent/s : Mr. Ashutosh Ranjan Pandey- AAG-15 =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 21-08-2017 Heard learned counsel for the petitioners and the State.

2. The petitioners have moved the Court for the following reliefs:-

Patna High Court CWJC No.10429 of 2017 dt.21-08-2017 2/3 "(i) For issuance of appropriate writ/writs, order/orders or direction/directions in the nature of certiorari for quashing the order contained in Memo No. 141 dated 22.04.2016 issued by District Education Officer, East Champaran whereby and whereunder the appointment of petitioners has been cancelled on non-est grounds in violation of principles of natural justice without giving any opportunity of hearing, (ii) For further quashing the consequential order dated 22.04.2016 issued by District Programme Officer, Literacy, East Champaran in a pssyclostyled format directing the concerned Headmasters to cancel the appointment of petitioners, (iii) For any other order/orders which the petitioners may found to be entitled in the facts and circumstances of the case."

3. Learned counsel for the petitioners drew the attention of the Court to the order dated 23.06.2017 passed in CWJC No. 10680 of 2016 in the case of Sanjeet Kumar Baitha and others vs. the State of Bihar and others. It was submitted that the petitioners are similarly situated.

4. Such position is not disputed by learned counsel for

Patna High Court CWJC No.10429 of 2017 dt.21-08-2017 3/3 the State.

5. In view thereof, the writ petition stands disposed off in terms of the order dated 23.06.2017 passed in CWJC No. 10680 of 2016.

(Ahsanuddin Amanullah, J) S.Sb/- AFR/NAFR N/A CAV DATE N/A Uploading Date 25.08.2017 Transmission Date N/A