Patna High CourtCWJC/21632/2014disposed

Ram Dayal Mahra v. The State Of Bihar And ORS

2018-09-10Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21632 of 2014 ====================================================== Ram Dayal Mahra Son of Late Kari Mahra Resident of Village - Ram Nagar Ramna, Post - Parba, P.S- Jainagar, District Madhubani. ... ... Petitioner/s

Versus

1. The State of Bihar through the Secretary Primary Education Department, Govt. of Bihar. Patna.

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

3. The Collector, Madhubani.

4. The Regional Deputy Director Education, Darbhanga.

5. The District Education Officer, Madhubani.

6. The District Programme Officer (Establishment), Madhubani.

7. null null null ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ratan Kumar Kumar, advocate For the Respondent/s :

Mr. Mukund Mohan Jha, advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 10-09-2018 Heard learned counsel for the petitioner and counsel appearing on behalf of the State.

In the counter affidavit, the stand has been taken by the respondent that in view of the ban on holding of meeting of DCP, the case of the petitioner is pending and the case of the petitioner would be considered after Model Code of Conduct is lifted. This counter affidavit was filed on 8.7.2015. The Court does not find any justification the stand of respondents not to take appropriate decision with regard to claim of the petitioner as there cannot be Model Code of Conduct as perennial impediment in the matter of taking

Patna High Court CWJC No.21632 of 2014(2) dt.10-09-2018 2/2 decision, the Model Code of Conduct has now ceased. Accordingly, the writ petition is disposed of with direction to the respondent to take appropriate decision on the claim of the petitioner within a maximum period of four months from the date of receipt/ production of a copy of this order. With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) T.Kr./- U