Mukesh Kumar And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21900 of 2014 ======================================================
1. Mukesh Kumar Son of Late Shiv Shankar Mishra Resident of village + Post - Rewasi, Police Station - Riga, District - Sitamarhi
2. Bipin Kumar Son of SRi Narayan Thakur Resident of village + Post - Rewasi, Police Station - Riga, District - Sitamarhi
3. Rajiv Ranjan Son of Sri Mithlesh Thakur Resident of village - Narayanpur, Post - Beranalaknamsen, Police Station Mahua, District - Vaishali
4. Ganesh Prasad Singh Son of Shri Lal Babu Singh Village - Nayatola Baswaria, Ward No. 3, P.S. Sitamarhi, District - Sitamarhi
5. Parasnath Thakur Son of Bhuneshwar Thakur Mohalla - Adarsh Nagar, P.O. Rajopatti, District - Sitamarhi
6. Rajesh Kumar Son of Shri Shivdhayan Prasad resident of village + P.O. Jamua, P.S. Bargania, District - Sitamarhi ... ... Petitioner/s
Versus
1. The State of Bihar, through the Principal Secretary, Education Department, Government of Bihar, Patna
2. The Director, Primary Education, Government of Bihar, Patna
3. The District Magistrate, Sitamarhi
4. The District Education Officer, Sitamarhi
5. The Block Development officer, Block office, Bairgania, District - Sitamarhi
6. The Block Education Officer, Block office, Bairgania, District - Sitamarhi
7. The Pramukh - Cum - President of Block Teacher Appointment Unit, Block Panchayat Samiti, Bairgania, District - Sitamarhi
8. Md. Jamir Anwar Son of S.N. Jeyaullah resident of village - Kushamahawa, Post - Chandan Bara, District - East Champaran
9. Vijay Shankar Sharma Son of Chandradeo Sharma resident of village - Bhaluahi, Post Roopphara, Police Station - Shikarganj, District - East
10. Mahendra Prasad Yadav Son of Sri Chulahi Rai resident of village - Shikarganj, Post - Sirouna, Police Station - Shikarganj, District - East
11. Neelam Kumari wife of Raju Prasad Choudhary resident of village and Post - Ashoki Ward No. 4, Police STation - Bairgania, District - Sitamarhi
12. Ganesh Kumar Son of Yadunandan Baitha resident of village and Post Kapur Pakri, Police Station - Shikarganj, District - East Champaran
13. Md. Masur Alam Son of Md. Samir Alam resident of village - Barew, Police Station - Dhaka, District - East Champaran
14. Anju Kumari D/ Rumaldo resident of village - Marpa Tahir, Police Station - Bairgania, District - Sitamarhi
15. Sheela Kumari D/o Sri Mahendra Paswan resident of village and Post
16. Sacchi Kumari D/o Sri Nishu Paswan, Wife of Sri Vijay Paswan resident of village and Post Panchtaki Yadu, Police Station - Bairgania, District - Sitamarhi
2/6
17. Rekha Kumari D/o Sri Ram Ekbal Sahni resident of village and Post
18. Rekha Kumari Wife of Hanuman Sahni resident of village - Akauna, Post Srisolia, Police Station - Chiraiya, District - East Champaran
19. Jitendra Kumar Ranjan Son of Sri Vishwanath Ram resident of village - Roophari, Post Kapurpakri, Police Station - Shikarganj, District - East
20. Kumari Pinki Wife of Ram Paraya Sahni resident of village and Post
21. Lalita Kumari D/o Sri Narayan Prasad resident of Mohalla - Gheepatti Road Bairgania, Police Station - Bairgania, District - Sitamarhi
22. Madhusudan Prasad Yadav Son of Sri Bunilal Prasad resident of village - Parei, Post Kapurpakri, Police Station - Dhaka, District - East Champaran
23. Annu Kumari D/o Arjun Paswan resident of village - Maripuri, Post Imlichatti, Police Station - Kaji Mohammadpur, District - Muzaffarpur
24. Archana Kumari Wife of Sri Harikanth Paswan Resident of village and Post Ashomi, Police Station - Bairgania, District - Sitamarhi
25. Kumari Bharti Wife of Sri Aditya Jha resident of village - Imkhna Ward No. 6, Nagar Panchayat Bairgania, Post Emkhana, Police Station - Bairgania,
26. Devendra Kumar Ranjan Son of Ramsurya Rai resident of village - Batoa, Post - Kadhonania, Police Station - Shikarganj, District - East Champaran
27. Radha Raman Thakur Son of Sri Hari Shankar Thakur resident of village and Post - Ahiyari, Police Station - Kathal, District - Darbhanga
28. Gauri Shankar Tiwari son of Jagdish Tiwari resident of village and Post - Dhanoji, Police Station - Pakaridayal, District - East Champaran
29. Phirdoush Khanam Son of Jamirul Haque Khan resident of village - Parsoni, Post - Panchtaki Yadu, Police Station - Bairgania, District - Sitamarhi
30. Rafat Janha wife of Rizqanullah resident of village - Barewa, Post Chandanwara, Police Station - Dhaka, District - East Champaran
31. Anjum Ara wife of Abdul Baddu resident of village & Post Bhakurahar,
32. Neelam Rani D/o Sri Lazmi Prasad Choudhary resident of Mohalla - Goshala Road, Bairgania, Ward No. 6, Post - Imkhana, Police Station - Bairgania, District - East Champaran
33. Kumari Sangita D/o Sri Gyandeo Paswan resident of village and Post Ashogi,
34. Kiran Kumari Wife of Sri Mani Bhushan Prasad resident of village and Post - Bhakurahar Ward No. 17, Police Station - Bairgania, District - Sitamarhi
35. Apurwa Ranjan Son of Sri Bhawambhar Ram resident of village and Post - Bhakurahar, Police Station - Bairgania, District - Sitamarhi
36. Roshan Kumar Son of Ramchandra Sahni resident of village and Post - Dumrkhana Ward No. 20, Police Station - Bairgania, District - Sitamarhi
37. Nusharat Jahan D/o Abdul Matin resident of village and Post - Bhakrahar,
38. Ragani Kumari Wife of Ranjay Kumar Sah resident of village and Post Chakpateha, Police Station - Purnaqhiya, District - Sheohar
39. Mehnaj Pejan Jabi D/o Mushtak Ahmad Khan resident of village - Chakwa, Post Mahipatahir, Police Station - Bairgania, District - Sitamarhi
40. Niraj Kumar Son of Kedar Nath Singh resident village and Post Morsand, Police Station - Runnisaidpur, District - Sitamarhi
3/6
41. Deepasri Wife of Sri Sushil Kumar resident of village - Main Road Bairgania, Police Station - Bairgania, District - Sitamarhi
42. Hashira Begum D/o Md. Israhul Haque resident of village - Bhakuhar,
43. Ahmad Raja Ushmani S/o Md. Ushman Gami resident of village - Chakwa, Post - Marpahahir, Police Station - Bairgania, District - Sitamarhi
44. Shashi Ranjan Prasad Son of Sri Ayodhyay Prasad resident of village - Shikarganmj, Post - Sirona, Police Station - Dhaka, District - East Champaran
45. Ramesh Pandit Son of Sri Lacchan Pandit resident of village and Post Harnrana, Police Station - Shikarganj, District - East Champaran
46. Rupan Kumari D/o Sri Lalan Mishri resident of village - Pupari, Post - Ratna Laxmi, Police Station - Pupari, District - Sitamarhi
47. Nikita Jaiswal D/o Late Ranjan Jaiswal resident of village and Post Imkhana,
48. Archana Kumar Wife of Amit Kumar Singh resident of village - Bharpa Mohan, Post Deokulia, Police Station - Phenhara, District - East Champaran
49. Srikant Kumar D/o Sri Mahendra Kumar resident of village and Post - Sirona, Police Station - Shikarganj, District - East Champaran
50. Md. Kaishar Alam Son of Md. Rasim resident of village and Post Jamuan,
51. Usha Kumari D/o Ram Chandra Ram resident of village - Madhu Chapra, Post Jamua, Police Station - Bairgania, District - Sitamarhi
52. Rubi Jaiswal D/o Amarnath Jaiswal resident of village - Panctaki Ram, Post
53. Ram Daresh Kumar Son of Sri Ramrup Mahto resident of village - Mashan Narotam, Post - Bagahi, Police Station - Bairgania, District - Sitamarhi
54. Md. Izhar Alam Son of Ashfaque Alam Khan resident of village and Post Riga, Police Station - Riga, District - Sitamarhi
55. Rahul Kumar Son of Ramashankar Pandit Resident of village - Rewasi, Police Station - Riga, District - Sitamarhi
56. Siyaleo Sah Son of Ishwara Sah resident of village and Post Haraj, Police Station - Shikarganj, District - East Champaran
57. Ram Pravesh Kumar Son of Sri Bhajan Paswan resident of village and Post - Bahelopur, Police Station - Dhaka, District - East Champaran
58. Md. Haidar Ali Ansari Son of Sri Abdul Sattar Ansari resident of village - Mohani Mandal Tola Ramna, Post Mohani Mandal, Police Station - Meharaj,
59. Gajendra Mahto Son of Bhuneshwar Mahto resident of village - Panchkati, Police Station - Panchkati Yadu, District - Sitamarhi
60. Md. Inamullah Son of Md. Nurullah resident of village and Post - Kotariya, Police Station - Patahi, District - East Champaran
61. Md. Kamaluddin Son of Abdul Hamid resident of village Police Station - Bairgania, District - Sitamarhi Lalge - Buta Tola Sapahi Post Fulwariay, Police Station - Dhaka, District - East Champaran
62. Md. Jamaluddin Son of Sheikh Ramsulhua resident of village - Kurma Phatehour, Post - Makhatahir, Police Station - Bairgania, District - Sitamarhi
63. Pramod Prasad Son of Saryug Rai resident of village - Bhishambharpur, Post - Laxmipur Loakhan, Police Station - Dhaka, District - East Champaran
64. Urmila Kumari Wife of Raj Kumar Prasad resident of village - Bheluwahiya, Post Ramgarwa, District - East Champaran
4/6
65. Ram Balak Prasad Son of Late Ram Suraj Prasad resident of village - Rampurkanth, POst Madhurapur, Police Station - Bairgania, District - Sitamarhi
66. Sabnam Ara Begum Wife of Akbar Ali resident of village and Post - Bhakurhar, Police Station - Bairgania, District - Sitamarhi
67. Baby Kumari D/o Ram Prit Prasad resident of Mohalla - Kaproal Road, Ward No. 18, Police Station and District - Sitamarhi
68. Anil Kumar Son of Late Ram Ekbal Prasad resident of village - Bhawadeopur Ward No. 23, Police Station and District - Sitamarhi
69. Noushawa Pravin D/o Eshteswar Ahmad Khan resident of village - Chakwa, Post - Marpatahi, Police Station - Bairgania, District - Sitamarhi
70. Halayasmin D/o Safiullah Khan resident of village - Chakwa, Post Marwatahi, Police Station - Bairgania, District - Sitamarhi
71. Farhat Khanam D/o Maroj Ahmad resident of village - Chakwa, Post - Marwatahir, Police Station - Bairgania, District - Sitamarhi
72. Ahmad Raja Ushamani Son of Md. Ushaman Ganj resident of village - Chakwa, Post - Marpahahir, Police Station - Bairgania, District - Sitamarhi
73. Md. Ekramullah Son of Md. Nurullah resident of village and Post - Kotariya, Police Station - Patahi, District - East Champaran
74. Majarul Haque Son of Ramsul Haque resident of village - Chakwa, Post - Marpahahir, Police Station - Bairgania, District - Sitamarhi
75. Md. Nasrullah Khan Son of Abhirullah Khan resident of village - Chakwa, Post - Marpahahir, Police Station - Bairgania, District - Sitamarhi
76. Md. Shanawaj Ahmad Son of Md. Mejarul Haque resident of village - Mahuawa, Post - Phulwariya, Police Station - Dhaka, District - East
77. Rubi Kumari D/o Gouri Shankar Sah resident of Mohalla - Jawaharnagar Bairgania, Post and Police Station - Bairgania, District - Sitamarhi
78. Manju Kumari D/o Gauri Shankar Sah resident of Mohalla - Jawaharnagar Bairgania, Post and Police Station - Bairgania, District - Sitamarhi
79. Shyam Narayan Singh Son of Pargan Singh resident of village and Post Haraj, Police Station - Shikarganj, District - East Champaran
80. Devendra Kumar Ranjan Son of Ramashray Ram resident of village - Batoa, Post - Kadhonania, Police Station - Shikarganj, District - East Champaran
81. Priti Kumari Wife of Sri Rajiv Ranjan Resident of village - Narayanpur, Post - Beranalaknam Sen, Police Station Mahua, District - Vaishali
82. Prakash Kumar Son of Sri Sitabi Baitha resident of village - Nandwara, Post and Police Station - Bairgania, District - Sitamarhi
83. Sanjay Kumar Son of Mahendra Mahto resident of village - Narwasa, Post - Begahi, Police Station - Bairgania, District - Sitamarhi
84. Shahnawaj Begum Wife of Azahar Rahman resident of village and Post - Bhakuhar, Police Station - Bairgania, District - Sitamarhi
85. Shajda Khatoon Wife of Amisur Rahman resident of village and Post - Bhakurpur, Police Station - Bairgania, District - Sitamarhi
86. Manoj Kumar Son of Lakhichan Ram resident of village - Barawa, Post - Khadhmaliya, Police Station - Shikarganj, District - East Champaran
87. Rani Kumari Devi Wife of Nand Kishore Sah resident of village - Dumarwana Ward No. 06, Post Dumarwana, Police Station - Bairgania,
88. Rinki Kumari Wife of Sri Anil Kumar resident of village and Post - Phulwariya, Police Station Dhaka, District East Champaran
5/6
89. Sanju Kumari Wife of Sri Ache Lal Kumar resident of village - Madhubani Ghat, Police Station - Motihari ( Muffasil ), District - East Champaran
90. Rita Kumari Wife of Ashok Kumar resident of village and Post - Madhubani Ghat, Police Station - Motihari ( Muffasil ), District - East Champaran
91. Md. Anjar Kamal Son of Shamsul Haque resident of village - Jamuan Tola, Post Jamua, Police Station - Bairgania, District - Sitamarhi
92. Nand Kishore Rai Son of Radheshyam Rai resident of village - Dhanoji, Police Station - Pakaridayal, District - East Champaran
93. Roshantara Wife of Abhirul Haque resident of village and Post - Bhakurahar,
94. Renu Kumari Wife of Sri Munna Kumar resident of village and Post Jamua,
95. Phaki Ahmad Son of Saphi Ahmad resident of village - Sapahi, Post Jhitkahi, Police Station Dhaka, District - East Champaran
96. Tara Bhilium D/o Sri Bhiliam Andras resident of village - Marpa Khothi, Post Barpatahir, Police Station - Bairgania, District - Sitamarhi
97. Asha Kumari D/o Shayam Babu Prasad resident of village and Post Jamua,
98. Manisha Kumari Wife of Martin Rumaldo Resident of village - Marwa Kojhi, Post Marwatahir, Police Station - Bairgania, District - Sitamarhi
99. Rishi Kumar Son of Nanpat Ram resident of village and Post Panchtaki Yadu, Police Station - Bairgania, District - Sitamarhi ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar Singh, Advocate For the Respondent/s :
Mr. Vijay Kumar Verma, AC to G.A.-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 09-10-2018 Heard learned counsel for the petitioners and counsel appearing on behalf of the State.
Learned counsel for the petitioners seeks permission to withdraw the present writ application in order to approach the State Appellate Authority.
Considering the fact that now the State Appellate Authority is available against the decision of the District Teachers Employment Appellate Tribunal as Appellate forum and as such petitioner may be granted liberty to approach the
6/6 State Appellate Authority.
In view of the above, the writ petition is disposed of with liberty to the petitioner, in case such appeal is filed by the petitioner within a period of one month from today along with copy of this order, the Appellate Authority will condone the delay in filing the appeal and entertain and decide expeditiously the same on its own merits in view of the pendency of the writ petition for last more than 3 1⁄2 years.
With the aforesaid the writ petition stands disposed of. (Anil Kumar Upadhyay, J) T.Kr./- U