The State Of Bihar And ORS v. Rajdeo Kumar Vidyarthi And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL REVIEW No.361 of 2018 In Civil Writ Jurisdiction Case No.13296 of 2017 ====================================================== 1.

The State Of Bihar through its Commissioner-Cum-Secretary, Education Department, Government of Bihar, Patna 2.

The Principal Secretary, Education Department , Government of Bihar, Patna.

3.

The Principal Secretary, Department of Personnel and Administrative, Govt. of Bihar, Patna.

4.

The Director, Mass Education , Education Department, Government of Bihar, Patna.

... ... Petitioner/s

Versus

1.

Rajdeo Kumar Vidyarthi S/o late Munilal Prasad Singh, Resident of VillageEcharua, P.S. Alauli, District- Khagaria. 2.

Ranju Kumari W/o Shri Rajdeo Kumar Vidyarthi Resident of VillageEcharua, P.S. Alauli, District- Khagaria. 3.

Lakshmi Kumari W/o Dhirendra Kumar Paswan Resident of VillageChaidha, P.S.- Maheshkhunt, District- Khagaria. 4.

Indra Deo Mandal S/o Banarsi Mandal Resident of Village- Imadpur Latambari, P.O.- Gogri, District- Khagariya.

5.

Manju Kumari D/o Shri Ramchandra Poddar Resident of Village P.O.- Sonbarsa, P.S. Bihpur, District- Bhagalpur.

6.

Kumari Abhilasha D/o Sri Om Prakash Yadav Resident of Village- Jamalpur Mali Tola, P.O.- Jamalpur Gogri, P.S.-Gogri, District- Khagariya. 7.

Lalan Kumar Bhagat S/o Baldeo Bhagat Resident of Village- Maraiya, P.O. Pipra Latif, District- Khagaria.

8.

Renu Devi, W/o Prithvi Lal Nirala Resident of Village- Imadpur Latambari, P.O.- Gogri, District- Khagariya.

9.

Md. Sajjad Alam S/o late Tetru Resident of Village- Sisouna, P.O. P.S.- Jokhihat, District- Araria.

10.

Smt. Meena Devi, W/o Shivnand Yadav, Resident of Village- Kachmoh, P.S.- Palasi, District- Araria.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Abhanjali Ac To Ga 12 For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

Patna High Court C. REV. No.361 of 2018(4) dt.06-03-2019 2/3 06-03-2019 Since the order under review was passed with consent of the parties, no interference is required in the present case, however, it has been pointed out that the Judgment passed by the learned Division Bench in LPA No. 1047 of 2017, on the basis whereof the original writ petition was disposed of, has been modified by a Judgment of the learned Division Bench dated 27.06.2018 passed in Civil Review No. 59 of 2018 by which it has been directed that the matter be listed after passing of the order by the Hon'ble Apex Court in SLP (C) No. ...... of 2017 (Diary No. 25804 of 2017).

In view of the aforesaid submission of the learned counsel appearing for the petitioners-The State of Bihar, the order dated 15.03.2018 passed in CWJC No. 4249 of 2018 is modified to the extent that the same would abide by the final decision to be rendered by the Hon'ble Apex Court in SLP(C) No. ... of 2017 (Diary No. 25804 of 2017).

In view of the fact that the judgment passed by the learned Division Bench in L.P.A. No. 1047 of 2017, which was the basis for disposing of the original writ petition, has been modified by the learned Division Bench by a judgment dated 27.06.2018 passed in Civil Review No. 59 of 2018, the consequences have to follow, hence, there is no need of issuing

Patna High Court C. REV. No.361 of 2018(4) dt.06-03-2019 3/3 notice to the private respondent and the matter is now required to be governed by the judgment to be rendered by the Hon'ble Apex Court in SLP ( C) No. ......... of 2017 (Diary No. 25804 of 2017) as well as by the final outcome of Civil Review No. 59 of 2018, which is pending adjudication before a learned Division Bench of this Court.

The present review petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) ajay gupta/- U