Umesh Paswan And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 13084 of 2015 ===========================================================

1. Umesh Paswan, Son of Late Sitaram Paswan Resident of Village Bind, Police Station Bind, District Nalanda.

2. Vimal Kumari, Wife of Sanjay Prasad, Resident of Village Rasalpur, P.S. Bind, District Nalanda.

3. Manita Kumari, W/o Bhadas Kumar, Resident of Village Ahiyachak, P.S. Bind, District Nalanda.

4. Sangeeta Kumari, Wife of Sanjay Kumar, Resident of Village + P.S. Bind, District Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

3. The Director, Primary and Secondary Education, Government of Bihar, Patna.

4. The Secretary, Primary and Secondary Education, Government of Bihar, Patna.

5. The District Programme Officer, Biharsharif, Nalanda.

6. The District Education Officer, Biharsharif, Nalanda.

7. The District Teachers Appointment Appellate Authority, Nalanda, Biharsharif.

8. The Panchayat Teacher Appointment Committee, Kathrahi, Bind, Nalanda, Biharsharif.

9. The Panchayat Secretary, Kathrahi Gram panchayat, Bind, Nalanda, Biharsharif.

10. Kumari Amrita Sinha Wife of Dhananjay Kumar Singh, Resident of Village Lalu Bigha, P.S. Bind, District Nalanda.

11. Manoj Kumar, Son of Krishna Singh, Resident of Village + P.O. Nagarnausa, District Nalanda.

12. Rajesh Kumar, Son of Kesho Prasad, Resident of Village Suratpur, P.O. Kathrahi, District Nalanda.

13. Asha Kumari, W/o Late Sanjay Kumar Resident of Village Lalu Bigha, P.O. Korari, District Nalanda.

14. Sudha Kumari D/o Parmanand Mandal, Wife of Birendra Kumar, Resident of Village Moglani, P.O. Bakra, District Patna.

15. Rani Madhumati, Wife of Sanjay Kumar, Resident of Village Ishwarchak, P.O. Kathrahi, District Nalanda.

16. Kumari Sanju Sinha, Wife of Surendra Prasad, Resident of Village Setakpur, P.O. Barhog, District Nalanda.

17. Anita Kumari, Wife of Avinash Shanker, Resident of Village Mir Bigha, P.O. Panhesa, District Sheikhpura.

18. Babita Kumari, Wife of Ashok Kumar, Resident of Village Jakki, P.O. Korari, District Nalanda.

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

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Advocate Mr. L. K. Sharma, Mr. Rajesh Kumar and Mr. Premshankar Kumar, Advocates

Patna High Court CWJC No.13084 of 2015 dt.18-09-2018 2/3 For the State :

S.C. 7 =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 18-09-2018 Heard Mr. Ramakant Sharma, learned senior counsel assisted by Mr. Rajesh Kumar, learned counsel for the petitioners and learned S.C. 7 for the State.

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

"That this an application for issuance of appropriate writ/writs, order/orders, direction/directions for quashing the order dated 25.02.2015 passed in Appeal No. 392/09 and 393/09 by the respondent District Teachers Appointment Appellate Authority, Nalanda, whereby and whereunder a direction was issued to the respondent authorities to complete the process of counseling and accordingly appointed the private respondents on the post of Panchayat/Block teachers and accordingly pursuant to the said direction of the Appellate Authority all the private respondents have been appointed without considering the case of these petitioners and their applications have not been considered.

Petitioners further seek Hon'ble Court indulgence for quashing the final merit list prepared in pursuance of direction of the respondent appellate authority on 06.04.2015 whereby the names of the private respondent find place.

Petitioners further seek Hon'ble Court indulgence commanding the respondent authorities to complete the process of second stage teachers appointment 2008 in pursuance of roster clearance and as in pursuant to the respective merit list and their position in the merit list, which has not been done in the

Patna High Court CWJC No.13084 of 2015 dt.18-09-2018 3/3 appointment of Panchayat Teacher under Panchayat Raj Kathrahi, Block- Bind, DistrictNalanda. Petitioners further seek any other relief/reliefs, for which they are found entitled in the eye of law and in the facts and circumstances of the present case."

3. After some arguments, learned counsel for the petitioners submitted that the writ petition be disposed off with liberty to the petitioners to move before the State Appellate Authority against the order passed by the District Teachers Employment Appellate Authority, Nalanda.

4. Learned counsel for the State does not oppose.

5. In view thereof, the writ petition stands disposed off with the liberty aforesaid.

6. If such an appeal is filed by the petitioners before the State Appellate Authority within six weeks from today, the same shall be considered and decided on merits, expeditiously and within the statutory period.

(Ahsanuddin Amanullah, J.) Anand Kr.

AFR/NAFR U