Kamleshwar Ojha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21794 of 2018 ====================================================== 1.

Kamleshwar Ojha Son of Shri Kailashpati Ojha, Resident of VillageBhagwanpur Tola Ojhawalia, Police Station- Fulwaria, District- Gopalganj, at Present Posted and working as a Headmaster in Govt. Upgraded Middle School Singha Tole Bagahi, Anchal- Hathua, District- Gopalganj. 2.

Rajan Prasad, Son of late Yogendra Prasad, Resident of Village- Balahata, Post Office- Balesra Via Mirganj, Police Station- Uchkagawn, DistrictGopalganj, at Present Posted and working as a Headmaster in Govt. Upgraded Middle School Semraon, Anchal- Hathua, District- Gopalganj. 3.

Jitendra Mahato, Son of late Bhuteli Mahato, Resident of Village- Phalpura, Police Station- Pachrukhi, District- Siwan, at Present Posted and Working as a Headmaster in Govt. Upgraded Middle School Satai, Anchal- Hathua, 4.

Amar Nath Thakur Son of Shri Shivnath Thakur Resident of VillageManichapar, Police Station- Hathua, District-Gopalganj,at Present Posted and working as an Assistant Teacher in Govt. Primary School Selarkhurd, Anchal- Phulwaria, District- Gopalganj.

5.

Hiralal Chaudhary Son of late Shivji Chaudhary Resident of VillagePost Office- SankheKhas, Police Station- Uchkagawn, District- Gopalganj, at Present Posted and Working as a Graduate Trained Teacher in Govt. Upgraded Middle Schook Kandhgopi, Anchal- Hathaua, District- Gopalganj. 6.

Ayash Kumar Bhakta Son of late Fulena Bhakta Resident of VillagePost Office- Belaon, Via- Done, Police Station- Darauli, District- Siwan, at Present Posted and working as a Headmaster in Govt. Upgraded Middle School Khairatiya Anchal- Hathua, District- Gopalganj. 7.

Bhrigunath Ram Son of late Shivbachan Ram Resident of Village- Bhulauni, Post office- Semaria, Police Station- Nautan, District- Siwan, at Present Posted and Working as a Headmaster in Govt. Upgraded Middle School Bhojhata, Anchal- Hathua, District- Gopalganj. 8.

Bhuwaneshwar Kumar Son of Shri Sudarshan Prasad Resident of VillageNadiaon, Police Station- M.H. Nagar, District- Siwan, at Present Posted and working as a Headmaster in Govt. Upgraded Middle School Mahaicha, Anchal- Raghunathpur, District- Gopalganj.

9.

Shailendra Kumar Son of Sri Mahatma Prasad Resident of Village Post Office- Koildewa, Police Station- Fulwaria, District- Gopalganj, at Present Posted and Working as a Headmaster in Govt. Middle School Bangra, Anchal-Hathua, District- Gopalganj.

10.

Sunil Kumar Ram Son of late Ramchandra Ram Resident of VillageBhathani, Police Station- Guthani, District- Siwan, at Present Posted and working as a Headmaster in Govt. Upgraded Middle School Chhap, AnchalHathua, District-Gopalganj. 11.

Sheo Shankar Ram Son of Shri Harihar Ram Resident of Village- Kalopatti, Police Station- Mirganj, District- Gopalganj, at Present Posted and working as a Headmaster in Govt. Upgraded Middle School MachhagarLakshram,

2/8 12.

Laljee Ram Son of late Nageshwar Ram Resident of Village- Aurai, Post Office- Pakari, Mirganj, Police Station- Barhariya, District-Siwan, at Present Posted and working as a Graduate Trained Teacher in Govt. Upgraded Middle School Jigana Jagranath, Anchal- Hathua, District- Gopalganj. 13.

Amarjeet Prasad Son of late Chandradeo Prasad Resident of VillagePachlakhi, Post Office- Pachlakhi, Police Station- Nautan, District- Siwan, at Present Posted and working as a Headmaster in Govt. Upgraded Middle School Baridhanesh, Anchal- Hathua, District- Gopalganj. 14.

Bharat Ram Son of Shri Chandradeep Ram Resident of Village- Sahashraon, Post Office Police Station- Asaon, District- Siwan, at Present posted and working as a Headmaster in Govt. Upgraded Middle School Atawan Drug, Anchal- Hathua, District-Gopalganj.

15.

Ramekbal Prasad Yadav Son of Shri Rishideo Prasad Yadav Resident of Village- Harkhauli Uttar Tola, Post OfficePolice Station- Mirganj, DistrictGopalganj, at Present Posted and working as an Graduate Trained Teacher in Govt. Upgraded Middle School Jigna Rajghat, Anchal- Hathua, DistrictGopalganj. 16.

Satyendra Kumar Tiwari Son of late Satyabrat Tiwari Resident of VillageSingha Tola Tulsiya, Post Office- Sohagpur Hathua, Police Station- Hathua, District- Gopalganj, at Present Posted and working as an Assistant Teacher in Govt. Upgraded Middle School Bariraybhan, Anchal-Hathua, DistrictGopalganj. 17.

Ramjanam Ram Son of late Nathuni Ram Resident of Village- Baraipatti, Post Office- Keelpur, Police Station-Nautan, District- Siwan, at present posted and working as a Headmaster in Govt. Upgraded Middle School Kabilaswa, Anchal- Hathua, District- Gopalganj. 18.

Keshwar Ram Son of Shri Jagdish Ram Resident of Village- Sanchipur, Post Office- Pachokhar, Police Station- Andar, District- Siwan, at Present Posted and Working as a Headmaster in Govt. Middle School Repura, AnchalHathua, District-Gopalganj. 19.

Kameshwar Sharma Son of late Ramendra Thakur Resident of Mohalla- Nai Basti, Malviya Nagar, Mahadeva, Post Office- Siwan, Police StationMuffasil Siwan, District- Siwan, at Present Posted and working as a Headmaster in Govt. Middle School Mirzapur, Anchal- Hathua, DistrictGopalganj. 20.

Shiva Bhawan Harijan Son of late ChanderHarijan Resident of VillageBihari Bujurg, Police Station- Guthani, District- siwan at Present Posted and Working as a Headmaster in Govt. Upgraded Middle School Ghosiya 21.

Ramayan Prasad Yadav Son of Shri SheoPujan Yadav Resident of VillageNautan, Post OfficePolice Station- Nautan, District- Siwan, at Present Posted and Working as a Headmaster in Govt. Anant Middle School Baraipatti, Anchal- Hathua, District- Gopalganj. 22.

Vinod Kumar Singh Son of Shri Ramadhar Singh Resident of VillagePost Office- Hasua, Police Station- Nautan, District- Siwan, at Present Posted and Working as a Headmaster in Govt. Middle School Bigahi Barisal, AnchalHathua, District- Gopaganj.

3/8 23.

Bigu Prasad Son of late Parma Prasad Resident of Village- Risaura, Post Police- Maharajganj, District- Siwan, at Present Posted and Working as an Graduate Trained Teacher in Govt. Upgraded Middle School Pakriyar, 24.

Amrendra Kumar Son of Paras Nath Tiwari Resident of Village- Repura, Police Station- Hathua, District- Gopalganj, at Present Posted and Working as a Headmaster in Govt. Upgraded Middle School Bari Raibhan, AnchalHathua, District- Gopalganj. 25.

Lal Babu Ram Son of late Thakur Ram Resident of Village- Barasikuwara, Post Office-ChainpurHata, Police Station- Nautan, District- Siwan, at Present posted and Working as a Headmaster in Govt. Middle School Basdila, Anchal-Hathua, District- Gopalganj.

26.

Vijay Kanaujia Son of late Harilal Baitha Resident of Village- Manjhawa, Post Office- Sarsar, Police Station- Siwam Muffasil, District- Siwan, at Present Posted and Working as a Headmaster in Govt. Upgraded Middle School Digha, Anchal- Hathua, District-Gopalganj. 27.

Sunil Prasad Son of late Ramlakhan Prasad Resident of VillagePost OfficeBansopali, Police Station- Siwan, District- Siwan, at Present Posted and working as a Headmaster in Govt. Upgraded Middle School Bigahi Jagdish, Anchal- Hathua, District-Gopalganj.

28.

Rishikesh Kumar Son of late Sachidanand Singh Resident of VillageBasaon, Police Station- Basantpur, District- Siwan, at Present Posted and Working as a Headmaster in Govt. Upgraded Middle School Bariraibhan, 29.

Veeresh Kumar Shahi Son of late Bharat Prasad Shahi Resident of VillagePost Office- Tari Bazar, Police Station- Raghunathpur, DistrictSiwan, at Present Posted and Working as a Headmaster in Govt. Upgraded Middle School Chainpur, Anchal- Hathua, District-Gopalganj. 30.

Jawahar Lal Prasad Son of Shivjee Prasad Resident of Mohalla- Registry Kachahari More, Police Station- Mirganj, District- Gopalganj, at Present Posted and Working as a Headmaster in Govt. Upgraded Middle School Manichapar, Anchal- Hathua, District- Gopalganj. 31.

Sagir Raza Son of Mahammad Raza Resident of Village- Jalalpur Khurd, Post Office- Bishunpura Bazar, Police Station- Sidhwalia, DistrictGopalganj, at Present Posted and working as a Headmaster in Govt. Upgraded Middle School Manichapar, Anchal- Hathua, District-Gopalganj. 32.

Vijay Kumar Prasad Son of Shri Raghunath Prasad Resident of VillageGaur, Police Station- Balia, District- Siwan, at Present Posted and Working as a Headmaster in Govt. Upgraded Middle School Pipra Yadav, AnchalHathua, District- Gopalganj. 33.

Abhay Kumar Son of late Chandrika Ray Resident of Village- Harnathpur, Police Station- Raghunathpur, District- Siwan, at Present Posted and working as a Headmaster in Govt. Upgraded Middle School Dharnihata, 34.

Sanjay Kumar Son of late Ganesh Ji Prasad Resident of Village- Mirganj, Uttar Mohalla, Police Station- Mirganj, District-Gopalganj, at Present Posted and Working as a Headmaster in Govt. Upgraded Middle School Badheya,

4/8 Anchal- Hathua, District-Gopalganj.

35.

Braj Kishor Mahto Son of Jagdish Mahto Resident of Village- Arkpur, Police Station- Asaon, District- Gopalganj, at Present Posted and working as an Assistant Teacher in Govt. Upgraded Middle School Narainiya, AnchalHathua, District- Gopalganj. 36.

Ramakant Prasad son of late Babulal Sah Resident of Village- Mahaicha, Post OfficePolice Station- Hathua, District- Gopalganj, at Present Posted and Working as a Headmaster in Govt. Adarsh Kanya Middle School Hathua, 37.

Birendra Kumar Ram Son of Suban Ram Resident of Village- Bhagirathi, Police Station- Mirganj, District- Gopalganj, at Present Posted and working as a Headmaster in Govt. Middle School Lachwar, Anchal - Thawe, DistrictGopalganj. 38.

Ravi Kant Singh Son of late Harinarayan Singh Resident of Village- Hathua, Police Station- Hathua, District-Gopalganj, at Present Posted and Working as an Assistant Teacher in Govt. Upgraded Middle School Bariraibha SkB, 39.

Wasim Ahmad Son of late Abdul Hakim Resident of Mohalla- Haroon Nagar-2, Fulwarisharif, Police Station- Fulwarisharif, District- Patna , at Present Posted and Working as a Headmaster in Govt. Upgraded Middle School Sabreji Maktab, Anchal- Hathua, District-Gopalganj. 40.

Bihari lal Singh Son of late Shiojee Singh Resident of Village- Jataha, Police Station- Phulwariya, District-Gopalganj, at Present Posted and Working as a Headmaster in Govt. Upgraded Middle School Nerui, Anchal- Hathua, 41.

Rakesh Kumar Yadav Son of Sri Hiralal Choudhary Resident of VillageFatehpur, Post Office- Badhkagaon, Police Station- Mirganj, DistrictGopalganj, at Present posted and working as an Assistant Teacher in Govt. Upgraded Middle School Imiliya Manjha, Anchal- Phulwariya, DistrictGopalganj. 42.

Bhagwan Singh Son of Shivnarayan Singh Resident of Village- Bhojhata, Police Station- Mirganj, District- Gopalganj, at Present Posted and working as a Headmaster in Govt. Middle School Kusaudhi, Anchal- Hathua, 43.

Arjun Ray Son of late Bachcha Ray Resident of Village- Selar Kala, Police Station- Phulwariya, District- Gopalganj, at Present Posted and working as an Assistant Teacher in Govt. Upgraded Middle School Saveyan Hathuan, Anchal- Hathuan, District- Gopalganj.

44.

Radheshyam Son of laxman Sah Resident of Village- Line Bazar, Police Station- Mirganj, District- Gopalganj, at Present Posted and working as an Assistant Teahcer in Govt. Upgraded Middle School Saveyan, AnchalHathua, District- Gopalganj. 45.

Sanjay Kumar Thakur Son of late Triveni Thakur Resident of VillageMachchagar Jagdish, Police Station- Hathua, District- Gopalganj, at Present Posted and Working as an Assistant Teacher in Govt. Bapu Middle School Hathua, Anchal- Hathua, District- Gopalganj.

46.

Dina Nath Ram Son of late Rajroop Ram Resident of Village- Ramapali,

5/8 Police Station- Muffasil Siwan, District- Siwan, at Present Posted and working as an Assistant Teahcer in Govt. Upgraded Middle School Narainiyan Anchal- Hathua, District-Gopalganj. 47.

Mukesh Kumar Son of Shri Vishwanath Prasad Resident of VillageBankikhal, Police Station- Uchkagaon Middle School Narainiyan, AnchalHathua, District- Gopalganj. at Present Posted and Working as an Assistant Teacher in Govt. Upgraded Middle School Narainiyan, Anchal - Hathua, 48.

Vinay Shankar Prasad Son of late Baidhyanath Prasad Resident of VillageNaya Bazar Belhatta Pokhra, Police Station- Siwan Nagar, District-Siwan, at Present Posted and Working as Headmaster in Govt. Middle School Matihani Nayan, Anchal- Hathua, District- Gopalganj. 49.

Ramautar Ram Son of Shri Kapildeo Ram Resident of Village- Kalopatti, Police Station- Mirganj,k District- Gopalganj, at Present Posted and working as a Headmaster in Govt. Upgraded Middle School Babhethi, AnchalHathua, District- Gopalganj. 50.

Sanjay Kumar Prasad Son ofn Jaleshwar Prasad Resident of Village- Singha Tola Panditpura, Police Station- Mirganj, District- Gopalganj, at Present Posted and working as an Assistant Teacher in Govt. Upgraded Middle School Babhethi, Anchal- Hathua, District- Gopalganj. 51.

Ashwini Kumar Thakur Son of late Umesh Thakur Resident of VillageKalyanpur, Police Station- Bhore, District- Gopalganj, at Present Posted and Working as a Headmaster in Govt. Upgraded Middle School Deoriya, Anchal- Panchdevri, District- Gopalganj.

52.

Ajay Prasad Son of Shri Baidhyanath Prasad Resident of Village- Pragya Nagar, Post Office Police Station- Mirganj, District- Gopalganj, at Present Posted and Working as Headmaster in Govt. Upgraded Middle School Mathauli Pandey, Anchal- Uchkagaon, District- Gopalganj. 53.

Sohila Devi Wife of Anil Kumar Resident of Village- Mathia, Post OfficeBalua, Police Station- Bankata, District Deoriya U.P., at Present Posted and working as a Assistant Teacher in Govt. Primary School Machchagar Jagdish, Anchal- Hathua, District- Gopalganj. 54.

Manoj Singh Son of late Laxman Singh Resident of Village- Mudiyari, Police Station-Mairwa, District- Siwan, at Present Posted and working as an Assistant Teacher in Govt. Upgraded Middle School Ekdanga Bhagwanpur, 55.

Ashok Kumar Prasad Son of late Jaykrishan Prasad Resident of VillagePhulwariya, Police Station-Siwan Muffasil, District- Siwan at Present Posted and working as an Assistant Teacher in Govt. Upgraded Middle School Baridhanesh, Anchal-Hathua, District- Gopalganj. 56.

Shahi Bhushan Shahi Son of late Raghunath Shahi Resident of VillageMirjapur, Police Station- Hathua, District- Gopalganj, at Present Posted and working as an Assistant Teacher in Govt. Upgraded Middle School Singaha Tola Bagahi, Anchal- Hathua, District- Gopalganj. 57.

Manoj Kumar Baitha Son of Shivjee Baitha Resident of VillageManicchapar, Police Station- Hathua, District- Gopalganj, at Present Posted and working as a Headmaster in Govt. Upgraded Middle School Singaha,

6/8 58.

Asgar Ansari Son of Alauddin Ansari Resident of Village- Koreya, Police Station-Bhore, District- Gopalganj, at Present Posted and Working as an Assistant Teahcer in Govt. Upgraded Middle School Pakdidih, AnchalKateya, District- Gopalganj. 59.

Rakesh Tiwary son of Paras Nath Tiwary Resident of Village- Imiliya Manjha, Police Station- Mirganj, District- Gopalganj, at Present Posted and working as a Trained Graduate Teacher Arts in Govt. Upgraded Middle School Satai, Anchal- Hathua, District- Gopalganj. 60.

Ramesh Singh Son of Sri Ramchandra Singh Resident of Village- Jatahan, Police Station- Phulwariya, District- Gopalganj, at Present Posted and working as Headmaster in Govt. Middle School Jatahan, AnchalPhulwariya, District- Gopalganj. 61.

Vyas Ram Son of Jagdeo Ram Resident of Village- Parsahi, Police StationKateya, District- Gopalganj, at Present Posted and Working as an Assistant Teacher in Govt. Middle School Belhikhas, Anchal- Kateya, DistrictGopalganj. 62.

Ramdhyan Chaudhary Son of Singhasan Choudhary Resident of VillagePariwadh, Police Station- Kateya, District- Gopalganj, at Present Posted and working as an Assistant Teacher in Govt. Middle School Dhanauti, AnchalKateya, District- Gopalganj. 63.

Ramadhar Yadav Son of Chhattu Yadav Resident of Village- Pariwadh, Police Station- Kateya, District- Gopalganj, at present Posted and Working as an Assistant Teacher in Govt. Upgraded Middle School Mallapura, Anchal- Kateya, District- Gopalganj.

64.

Javed Alam Son of Abdul Alim Resident of Village- Bakhtauli, Post OfficeBasantpur, Police Station- Basantpur, District- Gopalganj, at Present Posted and working as a Headmaster in Govt. Upgraded Urdu Middle School Adamapur kanya, Anchal- Manjha, District- Gopalganj. 65.

Pradeep Kumar Pandey Son of Kapildeo Pandey Resident of VillageBharsad, Police Station- Gorakhpur, District- GorakhpurU.P., at Present Posted and working as an Assistant Teacher in Govt. Upgraded Middle School Chhavahi, Anchal- Manjha, District- Gopalganj. 66.

Pankaj Kumar son of Sri Lalan Prasad Resident of Village- Fatehpur, Police Station- Siwan, District- Siwan, at Present Posted and Working as a Headmaster in Govt. Upgraded Middle School Shyamapur Kanya, AnchalUchkagaon, District- Gopalganj. 67.

Surendra Ram Son of Ramsewak Ram Resident of Village- Chakmahmuda, Police Station- Maharajganj, District- Siwan at Present Posted and Working as an Assistant Teacher in Govt. Middle School Dumrauna, Anchal- Kateya, District-Gopalganj.

68.

Ravindra Ram Son of late Ganga Ram Resident of Village- Batal Chorhan, Police Station- Kateya, District- Gopalganj, at Present Posted and working as a Headmaster in Govt. Upgraded Middle School Barwan, Anchal Panchdewri, District- Gopalganj.

69.

Chandrika Ram Son of Jhuri Ram Resident of Village- Rampur Chakarwan, police Station- Bhore, District- Gopalganj, at Present Posted and Working as

7/8 an Assistant Teacher in Govt. Upgraded Middle School Barauna, AnchalBhore, District- Gopalganj. 70.

Satish Kumar Ray Son of late Vishwanath Ray Resident of Village- Koreya, Police station- Bhore, District- Gopalganj, At Present Posted and working as an Assistant Teacher in Govt. Middle School Koreya, Anchal- Bhore, 71.

Girdhari Thakur son of Baidhyanath Thakur Resident of Village- Hathua, Police Station- Hathua, District- Gopalganj, at Present posted and working as an Assistant Teacher in Govt. Upgraded Middle School Mahaicha, Anchal- Uchkagaon, District- Gopalganj.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

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

3.

The Principal Secretary, Finance Department, Government of Bihar, Patna. 4.

The Director, Primary Education, Government of Bihar, Patna. 5.

The District Education Officer, District- Gopalganj. 6.

The District Programme OfficerEstablishment, District- Gopalganj. 7.

The Block Education Officer, Hathua, District- Gopalganj. 8.

The Block Education Officer, Uchkagawn, District- Gopalganj. 9.

The Block Education Officer, Kateya, District- Gopalganj. 10.

The Block Education Officer, Bhore, District- Gopalganj. 11.

The Block Education Officer, Manjha, District- Gopalganj. 12.

The Block Education Officer, Phulwariya, District- Gopalganj. 13.

The Block Education Officer, Panchdeori, District- Gopalganj. 14.

The District Accounts Officer, District- Gopalganj. 15.

The District Treasury Officer, District- Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Kumar Mishra For the Respondent/s :

Mr.Kameshwar Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-07-2019 In the earlier orders dated 14.03.2019 and 17.07.2019, the details of the petitioner no.1 have been wrongly typed. Let the same be corrected and uploaded on the

8/8 website by way of the present order.

(Mohit Kumar Shah, J) Tiwary/- U