Udit Narayan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10010 of 2024 ====================================================== Udit Narayan Son of Late Bashudeo Singh Resident of Village- Rahui, P.S.- Rahui, District- Nalanda.

... ... Petitioner/s

Versus

1.

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

2.

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

The Regional Deputy Director of Education, Patna Division, Patna. 4.

The District Education Officer, Nalanda at Bihar Sharif. 5.

The District Programme Officer (est.), Nalanda at Bihar Sharif. 6.

The District Magistrate, Nalanda at Bihar Sharif. 7.

The Block Education Officer, Rahui, Nalanda.

8.

Nishat Alam in Charge Headmaster Middle School Sosandi, Under Rahui Block, Nalanda at present posted as Headmaster Middle School Sonsa Govindpur under Rahui Block, Nalanda.

9.

Smt. Sujanta Kumari posted as Assistant Teacher, Middle School Sosandi under Rahui Block, Nalanda.

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

For the Petitioner/s :

Mr.Sanjay Prasad For the Respondent/s :

Mr.Addl. Advocate General 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-02-2025 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the respondents.

2. The present writ petition has been filed seeking the following reliefs:

"I. For direction the Respondents to immediate hand over charge of Headmaster to the petitioner who has been granted promotion on the post of Headmaster and posted from Up Graded Middle school Mirzapur to Middle school Sosandi under Rahui Block, Nalanda by order vide Memo No 1327 dated 15-03-2024

Patna High Court CWJC No.10010 of 2024(4) dt.15-02-2025 2/3 issued by the District Education officer, Nalanda In the light of promotion the petitioner given joining before the office of Block Education officer, Rahui on 16-03-2024 and in Middle school Sosandi in spite of that till date charge of Headmaster has not been handed over to the petitioner by an Assistant teacher Respondent No -9 who is only Matric trained teacher but illegally performing duty of Headmaster.

II. For direction the respondents to take appropriate legal action against the private Respondents No 08 & 09 who have knowingly and willfully to mentally harassed to the petitioner and illegally and willfully not given charge of Headmaster.

III. For passing such order and direction in the interest of justice and ends of justice in the facts and circumstances of the case."

3. At the very outset, learned counsel for the petitioner submits that the petitioner has already filed a detailed representation before Respondent No. 6 (District Magistrate, Nalanda at Bihar Sharif), but till date no order has been filed by the Respondent No.6.

4. Considering the relief(s) payed by the petitioner, the petitioner is directed to file a fresh representation before Respondent No.6 along with all supporting documents within a period of one week and Respondent No. 6 is well advised to consider the case of the petitioner after affording opportunity of personal hearing or through his counsel and pass a reasoned and speaking order in accordance with law within one month

Patna High Court CWJC No.10010 of 2024(4) dt.15-02-2025 3/3 thereafter.

5. It is made clear that Respondent No.8 would be at liberty to appear before Respondent No.6.

6. With the aforesaid direction, the writ application stands disposed of.

(Anjani Kumar Sharan, J) anand/- U