Manoj Kumar And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1816 of 2016 ======================================================

1. Manoj Kumar Son of Late Chandrasekhar Prasad Sinha resident of village and P.S. Lauria, District - West Champaran

2. Hrishikesh Kumar Singh Son of Late Vijay Bahadur Singh resident of village - Machhargawan, P.S. Yogapatti, District - West Champaran

3. Rajesh Ram Son of Late Jaimangal Ram resident of village - Basawaria, P.S. Bettiah Nagar, District - West Champaran

4. Attahar Hussain Son of Late Seikh Mohammed Zalil resident of village - Nauka Tola Mahui, P.S. Ramnagar, District - West Champaran

5. Pram Ranjan Prasad Son of Late Lal Narayan Prasad resident of Mohallah - Kalibagh, P.S. Bettiah Nagar, District - West Champaran

6. Chitranjan Kumar Rao Son of Late Ram Lochan Rao resident of village - Fuliakhanrh, P.S. Bariya, District - West Champaran

7. Anita Kumari Daughter f Sunil Kumar Srivastava resident of village - Sahpur, P.O. Bishnuduttapur, P.S. Kanti, District - Muzaffarpur

8. Abdul Mannan Son of Md. Mazid resident of village - Mangraha, Jogiya, P.S. Ramnagar, District - West Champaran

9. Jai Prakash Singh Son of Late Dev Nandan Singh resident of village - Marahiya, P.S. Lauria, District - West Champaran

10. Ashanand Hazra Son of Brahmdeo Hazra resident of village - Gahiri, P.S. Nautan, P.O. Victoria Mission, District - West Champaran 11.Sanjay Kumar Singh Late Bindhayachal Singh resident of village - Laukariya, P.S. Palnawa, District - East Champaran

12. Suman Kumar Srivastava Son of Late Shambhu Sharan Srivastava resident of village - Chintamanpur, P.O. Kanhanha, P.S. Mehsi, District - East Champaran

13. Upendra Prasad Son of Sukhdeo Mahto resident of Rajwasbrit, P.O. Musahariya, P.S. Sonbarsa, District - Sitamarhi

14. Shiv Shambhu Mani Yadav Son of Bhagwat Yadav resident of village - Gidha, P.O. Jatiya, P.S. Chanpatia, District - West Champaran

15. Ajit Kumar Son of Late Yugal Kishore Rai resident of village - Naya Tola Technical Chowk, P.S. Kazipur, District - Muzaffarpur

16. Pranav Kumar Son of Late Ram Vivek Choudhary resident of village - Dih Buchauti, P.S. Jandaha, District - Vaishali

17. Jagat Narayan Rai Son of Late Chokat Rai resident of village - Mahna, P.S. Chanpatia, District - West Champaran

18. Arvind Kumar Son of Late Bindeshwar Prasad resident of village - Nirpur, P.S. Chiraiya, District - East Champaran

19. Chandan Priyadarshi Son of Late Sidheshwar Prasad resident of village - Asarhi, P.S. Hilsa, District - Nalanda

20. Bhushan Kumar Son of Late Veer Bahadur Singh resident of village - Ranipur, P.S. Paliganj, District - Patna ... ... Petitioner/s

Patna High Court CWJC No.1816 of 2016(2) dt.20-02-2018 2/3

Versus

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

2. The Director ( Primary Education ), Bihar, Patna

3. The Regional Deputy Director of Education, Tirhut Division, Muzaffarpur

4. The Regional Deputy Director of Education, Patna Division, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dilip Kumar Tewari, Advocate For the Respondent/s :

Mr. Anil Kr. Singh, GP-26 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 20-02-2018 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

The present writ application has been filed by the petitioners for a direction to the respondents to prepare seniority list of Lower Sub-ordinate Education Service for consideration of eligible candidates for promotion on the post of Lower Subordinate Education Service. Mr. Dilip Kumar Tiwary learned counsel appearing on behalf of the petitioners submits that during the pendency of the writ application, the respondents have prepared seniority list and as such there is no impediment in the way of respondents to take final decision for promotion to the post of Lower Subordinate Education Service in question. Mr. Tiwary submits that respondents are required to finalize the promotion list of Lower Sub-ordinate Education Service keeping in mind the decision of this court whereby the

Patna High Court CWJC No.1816 of 2016(2) dt.20-02-2018 3/3 holders of degree from "Sahitya Alankar" from Deoghar Hindi Vidyapith have been rendered in eligible for promotion. Without going into the nitty gritty of the submission advanced by the counsel for the petitioners, the writ petition is disposed of with direction to the respondent Director, Primary Education to take steps for finalization of the promotion list of Lower Sub-ordinate Education Service expeditiously preferably from the date of production of the copy of this order. It is needless to state here that in the matter of grant of promotion to the Lower Sub-ordinate Education Service, the respondents are required to consider the case of only eligible candidates who is not otherwise declared ineligible whose degree has been declared to be recognized and valid for appointment.

The entire exercise must be completed within the time frame as indicated hereinabove.

With the aforesaid, the writ petition stands disposed of. (Anil Kumar Upadhyay, J) Ravi/- U