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Patna High CourtCWJC/11552/2010disposed

Sanjeev Kumar Singh v. The State Of Bihar And ORS

2020-08-27The Chief Justice -,Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 11552 of 2010 ====================================================== Sanjeev Kumar Singh son of Sri Raj Kumar Singh, resident of villageMainapatty P.O. Maheshwara, P.S. Babubarhi, Distt-Madhubani. ... ... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

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

3. The Director, Primary Education, Govt. of Bihar, Patna.

4. The Staff Selection Commission, Bihar, Patna through the Chairman.

5. The Secretary, The Staff Selection Commission, Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailendra Kumar Jha, Advocate For the Respondent/s :

Mr. Pawan Kumar, AC to AG ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S.KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 4 27-08-2020 Petitioner has prayed for the following relief/s: "That, by this writ petition, the petitioners would like to challenge the validity of Rule-4 of the Bihar Special Elementary Teachers Appointment Rules, 2010 issued under the signature of the respondent no.3 and contained in his memo no.7/fu01-61/09-be declared ultra virus whereby and where under the trained candidates, who have passed their training examination on or before 23rd January, 2006 have been held eligible for submission of their application forms for the purposes of appointment against 34,540 sanctioned and vacant posts of Assistant Teachers of

Patna High Court CWJC No.11552 of 2010(4) dt.27-08-2020 2/3 Elementary School in the State of Bihar.

The Petitioners would further like to pray before this Hon'ble Court that a writ of mandamus be issued against the Respondents commanding and directing them to accept the application form of those trained teachers and consider them for appointment in accordance with other provisions of the Rules, whose result of training examination has been published by the Bihar School Examination Board after 23rd, January 2006 but they were admitted to different recognized Training Institution before 23rd January, 2006 but they could not appear for training examination as no examination was conducted by the State Government for couple of years.

The petitioners would further seek indulgence of this Hon'ble Court for issuance of any other appropriate writ/writs, order/orders, direction/directions for which the writ petitioner would be found entitled under the facts and circumstances of the case."

Learned counsel for the petitioner states that with the passage of time, the present petition has become infructuous.

As such, we dispose of the petition as having become infructuous.

Interlocutory application, if any, shall stand disposed of.

(Sanjay Karol, CJ) (S. Kumar, J)

Patna High Court CWJC No.11552 of 2010(4) dt.27-08-2020 3/3 pallavi/ U